Payments to artists and their families in sales

[Vladimir]

http://www.artinvestment.ru/invest/2...thor_part.html
Article about Droit de suite in Russian

[LCR]

I tried to understand the EU convention on the equity participation of authors of works of art (droit de suite).

It has been regulated by Directive 2001/84/CE of the European Council and Parliament on 27.10.2001 (http://www.conseildesventes.com/cata..._pro_intel.pdf - text of the Directive).

Right to equity belongs to the artist for life, after his death, his successors enjoyed them for 70 years from the date of death of the author.
However, each country - a member of the EU may decide to waive this right if the seller is a work of art bought directly from the author less than 3 years before resale, and the price of this product does not exceed 10,000 euros.

This directive applied to the beginning of 1.01.2006 in relation to the artists. With regard to the successor, the "countries - EU members, which so far this equity does not exist, have the right not to apply it to the city of 1.01.2010, and then can get more additional period of 2 years subject to justification."

Each country can independently determine the minimum price of works of art, from which deductions are made, but the price can not exceed 3000 euros.

The artist receives from 4%to 0.25%of the selling price of the painting (there are 5 tranches). This equity participation may not exceed 12,500 euros.

Coming from countries outside the EU, may receive this equity, if the laws of his country recognizes the right of it for the authors of the EU.

Person imeeyuschee right to equity, may, within 3 years after the sale of paintings require any professional art market any information they need to get equity.


Here, if this information to anyone and interesting, rather then the artists and their successors, but I thought that they, too, perhaps, look at this site

[LCR]

Continue our game
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.

[LCR]

Сообщение от LCR

In the EU, the artist had already deducted a certain remuneration for each public sale of his paintings, and as to his successor, they will have to wait, the 20011, as well as auction houses and have asked for a postponement.
Incidentally, on the sites of many auction houses specify which pictures have to pay this fee.

I hasten to reassure the successor, in order to avoid panic: will have to wait much less than I wrote here, just before 2011: o

[Nik]

But interesting. If we have this law did not exist before, but now it is accepted, as we have always happens, the heirs will be able to claim deductions and with all previous sales, carried out before the introduction of the law? In any case, they probably will try to do so and will through the courts to sue the auctions, galleries and other vendors. Funny can get. Although the defendants, I think, would be no laughing matter.

[Vladimir]

Konstantin,
I knew that all confused The first column shows the amounts in thousands, that is, get literally.
With the price works in the range of 1 700 000 7 000 000 rubles "royalties" by 69 thousand rubles. 3%of the amount in excess of 1 700 000 rubles.