Single feature ranking

[spigo]

Сообщение от "Pavel

And on his own intuition, hope is not reliable.

The fruits of my intuition in store pictures.
I open it tumbled to the canvas I fell asleep, and sometimes damaging my plot.Oni, like, tell me: We sell, sell, Bole do not torture.
Question.
How do I sell them without the ratings?

[Pavel]

Сообщение от spigo

The fruits of my intuition in store pictures. I open it tumbled to the canvas I fell asleep, and sometimes damaging my plot.Oni, like, tell me: We sell, sell, Bole do not torture. Question. How do I sell them without the ratings?

Ie you have to sell to convince the buyer that the artist is a genius and so expensive? This is a common tactic. But if you think the buyer is also thinking, as I can I then sell it and that if it turns out? No price is more reliable. The buyer immediately know the price of things you buy and understands everything.

[Любознательный]

Сообщение от Eugene

This arrangement has already been created-for-profit Partnership for the protection and rights management in the arts "UPRAVIS
http://forum.artinvestment.ru/showth...92%D0%98%D0%A1

We are talking about are totally different.

Different (sort of) non-profit organizations (foundations) are. As a rule, a sinecure for his - family (relatives) officials. Especially funny when these organizations realize the resolutions of the Government, and even more so - the Russian Federation. As is easy to install on the text of RF Government, there is no indication of an authorized government body control (service), which would be responsible for monitoring. In such cases, the control rests with the Russian government itself. And then there is someone (like a non-profit organization, not to disclose their documents of title) and on an unknown basis of (the law) begins to contract.
This is a trick for avoiding taxation has long been known and used for money laundering in virtually all okolochinovnichih structures.
In short, any business has the right (scoring in the Charter of the required service) is entitled to engage in such activities.
However.
There will be something that can happen with any organization, lost in dreams to create your own EXP under another name (for example, an objective summary rating - SRF).
Just trample.
All inspection and supervisory authority.

Now the essence of your question.
Deductions from resales (since the entry of RF Government Resolution in force full) is a government regulation. Not to protect the rights of creators, and to obtain the state of the holders of tax on income of individuals.
It has no relation to the activities of trade union organization and does not absolve its responsibility for protecting the legitimate rights and interests of artists.
You have touched on only one set me questions.
The second question is about bringing the agreements to sell works of art in line with the norms of the Civil Code
It is no secret that the sale is "in black" - is illegal. And where there is lawlessness begins, it is meaningless to talk about protecting the rights and legitimate interests.
First of all, the fact that sales (and then reselling) hiding. From this it follows that the decision of the Russian government in such cases becomes invalid. Thus, it remains wishful thinking and nothing more (not applicable regulatory legal act subject to the unconditional execution). I'm not saying (yet) about other aspects of the existing order sales (resales). Must create and modify the terms of these sales are included in the ticket sellers, who essentially do not correspond to the current legislation of the Russian Federation.
The right to establish this (special order sales of original works), only the Russian government (by law).
The question before Pavitelstvom CAN SUPPLY unions. Come out openly against the tyranny of sellers for any artist is a recipe for his many problems. This is the essence of the existing fartsovogo art business. The complete lack of rights the artist (the creator). Regardless of whether it is for his income from the sale of the result of his work only or no (Thanks to kazerov for the remark).

Of course, I raised the questions presented fairly dry, and often sketchy. Would otherwise have to write "War and Peace" in four volumes.
But I hope to fill the issues in the case of further discussions.

[Ольга Озолина]

Сообщение от Inquisitive

The second issue of bringing the agreements to sell works of art in line with the norms of the Civil Code
It is no secret that the sale is "in black" - is illegal. And where there is lawlessness begins, it is meaningless to talk about protecting the rights and legitimate interests.
First of all, the fact that sales (and then reselling) hiding. From this it follows that the decision of the Russian government in such cases becomes invalid. Thus, it remains wishful thinking and nothing more (not applicable regulatory legal act subject to the unconditional execution). I'm not saying (yet) about other aspects of the existing order sales (resales). Must create and modify the terms of these sales are included in the ticket sellers, who essentially do not correspond to the current legislation of the Russian Federation.
The right to establish this (special order sales of original works), only the Russian government (by law).
The question before Pavitelstvom CAN SUPPLY unions. Come out openly against the tyranny of sellers for any artist is a recipe for his many problems. This is the essence of the existing fartsovogo art business. The complete lack of rights the artist (the creator).

Actually, in Russia the freedom of contractual relations guaranteed by the CC. What you can invite the Government to create? Just develop a competent standard contract - probably not enough.
Please specify!

A question to the Government, and that it does not "trampled" - this, as you rightly pointed out, is one of the tasks of the Trade Union of Artists. We have so many things offered, many were adopted and are now working, and do not trample us, as you can see

[artcol]

Сообщение от Inquisitive

Call For Open against the tyranny of sellers for any artist is a recipe he had a lot of problems.

How's that?
And what is the problem?

[Любознательный]

Сообщение от Olga Ozolina

Actually, in Russia the freedom of contractual relations guaranteed by the CC. What you can invite the Government to create? Just develop a competent standard contract - probably not enough.
Please specify!

A question to the Government, and that it does not "trampled" - this, as you rightly pointed out, is one of the tasks of the Trade Union of Artists. We have so many things offered, many were adopted and are now working, and do not trample us, as you can see

Let us define.
I asked you about how to integrate art into EXP, asking to give a detailed answer. You have unsubscribed.
I asked a second time and your actions to protect the legitimate rights and interests of artists. Once again you have unsubscribed.

As they say in such cases, I am not satisfied with your (not on the merits of the questions) formal replies and still ask to answer them.
Questions, in my opinion, is far from idle.
Moreover, I am not a member of your union, but you voluntarily come to our forum, which implies a desire to communicate, not just vysskazat own point of view.
As the discussion shows, is far from certain.

Now, in fact your post.

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The point is not to develop a good (correct) model contract.
I believe that under the law on consumer protection, the Government of the Russian Federation may establish a special procedure for sales of original works.
No littering message numerous references to the regulations, I would like to note that the Civil Code provides various forms of selling goods to the consumer, including komissilnnaya sale.
In this case the seller is completely determined by the contract for remuneration within precisely defined contract term guarantee of product, the selling price which set the terms of the contract (by mutual agreement of the parties).
It is not hard to observe the terms of contracts submitted by sellers of the artist is not the same immutable requirements of the Civil Code.
Law does not provide perpetual sale of goods at any price with the seller to pay the artist a pre-agreed price, not corresponding to the real selling price.
Thus, for the sale of works of art for any price the seller, the seller must first buy a picture.
Reluctance obeh parties to pay taxes prescribed amount, leads to what is for sale "in black" - no reflection of transactions in the documents buhotchetnovsti.
A similar procedure and resale picture.
I do not distribute such a mess on the auction sale.
There's their ploy.

Example. Not so long ago, the forum discussed a specific situation, which hit the family of the deceased artist, who before his death, passed several papers on the implementation of one of the capital's galleries. Three-year requirement (of the Civil Code) has expired, the contract (receipt) deadline requirements are not installed. According to the gallery, paying the work was allegedly done to himself (at the moment when the artist was no longer alive). Intense discussion on the forum (which was known galaree) helped to resolve the situation. However, prices do not match seven years ago today.
So that a fair resolution of the situation is not received.
And such examples - a lot.

Thus, there is a systematic violation of human rights is not only an artist but also the law.
Under such conditions can we say about the reliability of EXP?
And, in my opinion, the main indicator - the volume and selling prices quite a particular artist.

In the development of the subject was asked Artcol.
Artist as happy as a clam at high tide to put their pictures in the gallery and is ready for it even surcharge.
Therefore, he even did not stir the mind to go to court demanding the acceptance of the model contract (receipt) some kind of picture does not comply with the requirements of current legislation of Russian Federation (illegal).
The artist, who will dare to take this step, obviously was denied in the other galleries. That and the emergence of the artist all the intractable problems. With the realization of their works. With the receipt of at least some income. With a complete lack of money. With all the attendant has seized the circumstances, including public devastating assessment of his work and his personal abilities.
Enemy no such desire.

Therefore, one of the top priorities (not important - what kind of organization) is the guidance of legal order in sales.
Aspects of this issue - do not count. This, in particular, and the aspect of royalty and qualification exp.
Separately from the settlement of the question, as applied practice EXP (which actually takes place) will continue to be arbitrary - at the discretion of the seller.
Surely EXP was designed for the oppression of the artist?
And in a life turns out that way.
Unfortunately.

It is for these reasons, I believe it necessary to establish a special legal (other than the sale of potatoes) order sales of original works in the interests of not only artists but also end users who purchase works of art for personal purposes. With the inclusion of all relevant to the issue of existing law (ie, the right act of direct action).

For more details on this issue in the Model Contracts (receipts) of galleries and art shops. Collect them and return to legal expertise. Immediately be returned to the theme.

[fabosch]

In some of the posts in this thread flashed an interesting idea that edhurey bad that it is a closed structure. A weak, rather than grumble on edhurey make their ratings (for example, the rating of the forum "Artinvestment"). To base the list of artists from this edhureya (this information is not copyrighted) and pogolosovat "whole world". It is clear that there are many technical, and perhaps, not only technical problems. But any technical issue can be resolved - there is a will to solve them, rather than a desire to explain why this can be done. Each participant can put any artist any evaluation (eg based on 20 points, not 14 as in edhuree that is not tied) once a year. It is clear that I could not put points all 40 thousand (or however many there edhuree, I do not remember exactly) artists. And because the register on the forum and everyone can then be obtained and the structure of an open and lively. All ratings for each artist used to derive its arithmetic mean - that's his ranking. It is also clear that for a while most of the artists, especially lesser-known, will be unrated. Well, it does not matter edherey also did not immediately ...
As you are such an idea - my word he coined
By the way, I think the result will generally be close to edhureyu

[DSF]

We need not artrynku rating, and a good reference book, which will include: Name of the artist, a brief biography, links to online resources where you can see his work, references to the results of auction sales of his works (if any), galleries or dealers, with which it works (if any), assignee (if any) and contact information. Reference should be in electronic form. When such a directory will appear, EXP is no longer needed. By the way, I've got a suspicion that the EXP is just homebrew clone Quick Price, in which also all the artists were divided into 12 price categories, if I remember correctly. A smokescreen of "intentions", A and B, recording how the media needs to give the appearance of an original product and avoid lawsuits.

[Любознательный]

Сообщение от Olga Ozolina

Actually, in Russia the freedom of contractual relations guaranteed by the CC.

Widespread misconception about limitless freedom of the parties regarding the conditions of the concluded contract.
Forced to disappoint - inconsistency of contract law entails the nullity of the transaction. For recognition of the transaction null and void does not require a court order.
The court's decision on the consequences of the invalidity of a void transaction can be taken at the initiative of an interested party or the court itself (st.st.166-168 CC RF).
Conclusion: The terms of the contract must be lawful - comply with the rule of law applicable Russian laws. Denial of legal rights - is negligible.

Therefore, often, any deal with the "free" terms of the contract (in particular, contains a legally incorrect standard contract conditions) is threatened by declaring it null and void, and the consequences of the transaction - null and void.
The term of the right to demand - 3 years.
Do not want to even imagine such a nightmare - the court's decision to return in kind the artist his paintings, sold long ago and the demand for his paintings (and prices) has increased. Moreover, this decision of the court - is quite real.
To avoid such a nightmare, you need a translation of the art business in the legal field.
Of course, it is necessary to abandon the principle of margin (took the "implementation" at a lower price and sell at the maximum). Not all survive this translation.
Well, then there is competition.

P.S. In order to avoid unnecessary disputes, I have simplified the situation and lay out in detail the possible position of defender of the interests of the artist.

P.P.S. I look forward to our admins. Turbulence discussion should have limits. At least decency.

[Евгений]

Сообщение от Inquisitive

was widely misconception about limitless freedom of the parties regarding the conditions of the concluded contract.
Forced to disappoint - inconsistency of contract law entails the nullity of the transaction. For recognition of the transaction null and void does not require a court order.
The court's decision on the consequences of the invalidity of a void transaction can be taken at the initiative of an interested party or the court itself (st.st.166-168 CC RF).
Conclusion: The terms of the contract must be lawful - comply with the rule of law applicable Russian laws. Denial of legal rights - is negligible.
Therefore, often, any deal with the "free" terms of the contract (in particular, contains a legally incorrect standard contract conditions) is threatened by declaring it null and void, and the consequences of the transaction - null and void.
The term of the right to demand - 3 years.

Сообщение от Inquisitive

Deductions from resales (since the entry of RF Government Resolution in force in its entirety) is a government regulation. Not to protect the rights of creators, and to obtain the state of the holders of the tax on personal income ......
The second question is about bringing the agreements to sell works of art in line with the norms of the Civil Code

Сообщение от Inquisitive; 1318521"

So one of the top priorities (not important - what kind of organization) is the guidance of legal order in sales.

The meaning is here to discuss? There is a theme of "UPRAVIS" there it will be interesting to read ..

Сообщение от Eugene

This arrangement has already been created-for-profit Partnership for the protection and rights management in the arts" UPRAVIS
http://forum.artinvestment.ru/showth...92%D0%98%D0%A1