Payments to artists and their families in sales

[LCR]

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Here are a few details that might interest readers of the forum.

Addresses ventilated sites:
http://www.artscouncil.org.uk/docume...ations/325.pdf
http://www.writersservices.com/wps/s...t_de_suite.htm
http://www.artquest.org.uk/artlaw/re...ight/28846.htm
http://www.artclair.com/site/breves/...ment_breve.php
http://www.lefigaro.fr/flash-actu/20...t-de-suite.php
http://www.artclair.com/site/breves/...ment_breve.php
http://www.avocats-publishing.com/article230
http://blog.dalloz.fr/blogdalloz/200...orme_suiv.html
and, finally, a curious text http://www.ecare.ulb.ac.be/ecare/peo...st nefaste.pdf - the view of the Belgian intellectual who believes that the right to succeed hurts and artists, and the market.


By the time of the introduction of the European Directive on the author's share of the law of 4 EU countries did not provide for its payment. These countries - Great Britain. Ireland, the Netherlands and Austria. In 8 countries, and provides the author's share, and indeed paid.

European Directive on the resale royalty should be reviewed in 2009, taking into account the results of its application,

UK:
  Payment droit authors applied from 1 January 2006, and the payment of his successor will be from 1 st January 2012, but may be introduced early. I found 2 versions, one states that the payment of FS successors will be paid in 2010, the other leads the date 1.01.2011.

France:
1. The right route can not be transferred by will, it passes to heirs by law and, above all, to a widower /widow, in virtue of the fact that the latter have a lifelong user right to manage all of the legacy of the author.
 
2. From 1.01.2008 galleries and antique shops, previously exempt from the payment of blood pressure (it was paid only auction houses), it must pay.

Here tranches on which the calculated value of blood pressure (the basis for calculations adopted the selling price, rather than profit, obtained proldavtsom):

4%of the tranches of the sale price up to 50.000 euros
   3%from 50.000 to 200.000 euros
  1%from 200,000 to 350,000 euros
  0,5%from 350.000 to 500.000 euros
  0,25%from 500,000 to 2,000,000 euros

Thus the total amount of the author's share may not exceed 12,500 euros.

At the present time, and both these countries, the looming conflict between the authors, on the one hand, and the authorities, on the other. In France, the government envisages the reform of blood pressure that goes contrary to the European Directive, as a result of this reform successor authors lose the right to receive AD. In addition, it will no longer be calculated on the basis of the selling price, but based on the seller's profit.
The UK government is also discussing the question of deprivation of the right successor, as there are fears that London - the largest art market in Europe will lose its value, resulting in displacement of vendors on the Swiss or the New York market, where the right to succeed there.