Resale Royalty

[AlexanderG]

U nas podobnyi zakon priniali paru let nazad.

Vozniklo mnozestvo voprosov.

Kto budet privodit 'zakon v deistvie?
Kto za eto platit?
Kto budet oplachivat 'dopolnitel'nuiu rabotu sviazannuiu s etim?
A esli rabota prodana deshevle, v ubytok, kto vozmeschaet ubytok?

[манна]

Сообщение от steam-I

Dear forum users want to hear your opinion about this law:

  My opinion is negative.
I do not understand how it technically comply. When a gallery or auction work with the artist or his heirs is easy to do. And in other cases? The result should contain the staff of private detectives to find them, to pay a certain percentage.

Сообщение от AlexanderG

Kto za eto platit?

Ultimately, the buyer

Added after 4 minutes

Сообщение от LCR

cash pay 3000 euros more expensive items prohibited by law.

LCR, thanks for the information. A good argument at the bargaining .

[ВЯЧЕСЛАВ]

Сообщение от Par-I

Dear forum users want to hear your opinion about this law

The opinion is needed here-comments current lawyers working on this topic. It's like minimum.Maksimum - explanation Lawyers developers zakonov.Vse else - reading the coffee gusche.Chto can talk about the cases of the law, even if the terminology of the reader is not clear .

[Konstantin]

The result should contain the staff of private detectives to find them, to pay a certain percentage.

No, do not keep. Reported in, for example, UPRAVIS, and they must organize. Go to their website where they tell how they work.
But in fact interested in this subject is large, we have prepared a seminar is on these issues, found a lawyer who specializes in copyright law, with experience of court practice and ... influx was not willing. We were so strange, but true.

[LCR]

Сообщение от manna

My opinion is negative.
I do not understand how it technically comply. When a gallery or auction work with the artist or his heirs is easy to do. And in other cases? The result should contain the staff of private detectives to find them, to pay a certain percentage.

My opinion is positive - who would doubt it, is not it? - But I assure you, I think not only about themselves. The fact that there is a big difference in the position, on the one hand, a composer and writer, receiving, in the case of commercial success of his works, very comfortable and copyrights, and, on the other hand, the artist who has sold his work and more completely involved in commercial transactions around it. Fame often comes not at once, paintings, the artist sold at very low cost (well-known example of Rauschenberg, whose work has bought a taxi driver for the 100 or 200 dollars, you can bring a lot of other examples) reaches incredible heights.
Do not think that I'm trying to denounce "speculators" who bought something for nothing, etc. Instead, the honor and glory of that nameless taxi driver, was not afraid to risk a sum, probably quite significant for him. But maybe you can let the artist modestly to participate in this lottery, the more it is the right to succeed in any case can not exceed 12,500 euros, even when his works sold for millions. It was he, after all, created the "material value"!
Think about the artists, who are valued only early work - De Chirico, for example. If the right to succeed there in his lifetime, it would give him relatively carefree existence ...

Can I zamolvlyu word and for the family of the artist, without whose support the artist, perhaps, would not have had the opportunity to work - I think they also deserve the right to receive that very small percentage of the resale.

Another thing - the feasibility of this Act.

Сообщение от Konstantin

Quote:
The result should contain the staff of private detectives to find them, to pay a certain percentage.
No, do not keep. Reported in, for example, UPRAVIS, and they must organize. Go to their website where they tell how they work.

On sale at auction is no problem.
I asked Mr. Lukashin question of how they are going to monitor the resale of gallery, but received no reply.

[NATA NOVA]

LCR, a personal appreciation for the humanistic approach! (especially liked about the family)

[Konstantin]

When a gallery or auction work with the artist or his heirs is easy to do. And in other cases? The result should contain the staff of private detectives to find them, to pay a certain percentage.

I asked Mr. Lukashin question of how they are going to monitor the resale of gallery, but received no reply.

LCR - Mann, said of those who are willing to pay. But selling now deceased artist, they will have to hire detectives to find the heirs and to give them their protsentik.

My answer to those who voluntarily willing to pay the heirs, but not ready to look for them. Must apply to the UPRAVIS. If anyone has experience of this - share.

[манна]

Сообщение от LCR

My opinion is positive

 As to the good intentions of this law, I agree with you. From a human point of view and argue nothing. I'm not against assistance to artists and their families. But hold my opinion, I am against this law, because it is not the time nor the place (yet unfortunately).
  In the end, that UPRAVIS will contain myself for that money.


UPRAVIS concluded with agreement on payment of royalties and the listing of the organization due to the author the amount of royalties, the seller exempt himself from the need to search for recipients of royalties.

 Suppose I have listed them 5 thousand rubles. But is really the money to find heirs? And they left? UPRAVIS be big, number of employees increase their salaries to be paid. As a result, the seller listed, as the heirs did not receive.

[K-Maler]

Сообщение от VYACHESLAV

agree, here is the comment of existing lawyers working on this topic. It's like minimum.Maksimum - explanation Lawyers developers zakonov.Vse else - reading the coffee gusche.Chto can talk about where the law even if the terminology of the reader is unclear.

While the lawyer is not a quotation from the law: Article 17 Paragraph 2 - "The transfer of ownership of a work of fine art (whether for consideration or free of charge) from the author to another person means the first sale of the product.
For each public resale of works of fine art (sale by auction or gallery IPS. Claim. And thin. Salon, shop, etc.) at a price higher than the previous by at least 20%, the author is entitled to receive compensation from the seller at $ 5 %of the resale price (resale royalty). That right is inalienable and transferable only to the author's heirs under the law for the duration of copyright.

[NATA NOVA]

Сообщение от K-Maler

"The transfer of ownership of a work of fine art (whether for consideration or free of charge) from the author to another person means the first sale of the product.

Correctly say (to understand) all the same, "alienation"