Non-profit Partnership for the protection and rights management in the sphere of art "UPRAVIS

[UPRAVIS]

Ladies and Gentlemen,

Please be informed that, Noncommercial Partnership of the Partnership for the protection and rights management in the arts "(UPRAVIS) is accredited by the Federal Service for Supervision of Law in the Protection of Cultural Heritage (Rosokhrankultura) (Order of December 16, 2008 № 140) specialization "Management of the right to succeed on the work of fine art, as well as author manuscripts (autographs) of literary and musical works.

On December 17, 2008, at resale, which acts as the seller of the auction house, gallery, art salon, shop or other similar organization, these organizations should be informed and make payments of royalties to UPRAVIS in favor of the authors throughout their lives and their heirs for seventy years after his death. (Details and excerpts from the legislation are in the annexes to this letter.)

UPRAVIS under Part 4, Article 1244 GKRF collects fees from sellers for the benefit of all the Russian authors, and in favor of foreign authors on the basis of agreements with foreign collecting societies. The size of remuneration set by the RF Government Decree № 285 of April 19, 2008.

Royalties are a pan-European tradition, and were first introduced in France as a rule of copyright, and material support to artists, in particular through the introduction of the institution the right route and charging fees to the author from each public resale of his work. When buying art at auctions in Europe you certainly have repeatedly clashed with the fact that the price you purchased the product, except the official auction house's commission included the amount of royalties.
 
We live in a civilized country with a centuries-old traditions and to ensure a decent existence and material support creativity of thousands of Russian artists, some of whom, despite his talent and the fact that their works are resold in the secondary market for many thousands of rubles in need of support. This is not our right and our duty.

On December 17, 2008, you must sign a contract with UPRAVIS on deduction of royalties. In this regard, we encourage you to calculate the resale value of works in view of remuneration, as well as ask you to inform us about the resale of works of authors, subject to a resale royalty.
More information is located on the Internet site www.upravis.ru.

[danvik]

Granddaughter Kustodiev received nothing and does not receive from the sale of the European auctions of his paintings deda.Da and thriving artists never received any royalties after the sale to the Euro. auctions.

[LCR]

Сообщение от danvik

Granddaughter Kustodiev received nothing and does not receive from the sales at the European auctions of his paintings deda.Da and thriving artists never received any royalties after the sale to the Euro. auctions.

Good health artists should contact the auction houses and demand royalties owed to them (from 4,5%to 1%but not more than 12500 euros - this is from memory, but the whole informtsiya about this is the forum, I know for myself fasting but where - I do not remember).
With regard grandchild Kustodiev, is more complicated: with Christie's and Sotheby's it would have to wait, because the EU has allowed the 4 th countries - Britain, Ireland, Austria and the Netherlands, where the resale royalty is not applied, postponing the payment of artists successors until 2011

Right here: http://forum.artinvestment.ru/showthread.php?t=605

[danvik]

I'm confused.: OTo is obtained that the artists and their families may seek to admit a shovel and get avtors.voznagrazhdenie? And when I buy or order a painting that I did have the right to dispose of it at their discretion. I thought that when his hudozh.prodaet now he loses her right after he gets for it dengi.I what rights if the owner of the card?: o: shy:

[LCR]

Сообщение от danvik

I'm confused.: OTo is obtained that the artists and their families may seek to admit a shovel and get avtors.voznagrazhdenie? And when I buy or order a painting that I did have the right to dispose of it at their discretion. I thought that when hudozh.prodaet his picture he loses her right after he gets for it dengi.I what rights if the owner of the card?: o: shy:

No, the transition of ownership of the material object does not entail a transfer of intellectual property rights: selling the picture, the artist retains her copyrights. This means that he can publish it without your knowledge, and in any case be compensated for the publication of his works. In principle, it may even come to you to say that the picture did not satisfy him, and rewrite it (but in practice it was apparently only one case - with Chagall, of course). In addition, if this picture has never exhibited, in principle, before its exhibit, you must obtain the consent of the author.

Now about the other. In contrast to the composers and writers who received the copyright to which it was possible to live (again in principle - a situation they have very different), an artist selling their work, usually cheap, and the feast was over for him. Then, this work could be repeatedly resold, the price for it increased, but the artist himself to profit was not involved - the situation, agree, not too fair.
Therefore, some countries - the EU and California - have decided that the public resale of works of art (in the gallery or auctioned), the buyer will pay a certain sum of money in favor of the author of this work or his successors. This Summan can not exceed 12,500 euros. For the owner of the picture, put it up for sale, nothing has changed.
Professional art market welcomed this measure in arms, but yet it has already been applied to authors and - again, theoretically - the EU should enter into force for a successor two years later (as is the case in Russia, I do not know). This is really the right route for 70 years from the year of death of the author.

[danvik]

But museums must pay the artists or their rodstv.za publication of pictures in books?: Confused: Leningr.farf.zavod for replicates.? And if hudozh.umer difficult to identify which of rodst.kakie has prava.Nedavno dead daughter hud.Treskina-odd smert.Muzh much younger than her and her prozhivsh.s couple of years in addition to collection of paintings and collections. antiquary. will receive avtors.gonor.za publ. and sales - it's terrible: (

[LCR]

Сообщение от danvik

A museum must pay the artists or their rodstv.za publication of pictures in books?: Confused: Leningr.farf.zavod for replicates.? And if hudozh.umer difficult to identify who of rodst.kakie has prava.Nedavno daughter died hud.Treskina-odd smert.Muzh much younger than her and her prozhivsh.s couple of years in addition to collection of paintings and collections. antiquary. will receive avtors.gonor.za publ. and sales - it's terrible: (

Honest to God, all this crap with the publications are not worth your anger: once in 2-3 years Roginsky received - now I get - between 5 and 18 euros, and except, perhaps, book illustrators, almost all artists are about the same .
As heirs, the rights were transferred to the spouse and children.

Do you think that artists and rights holders to receive royalties from publications and resales - the horror. And the fact that the painting, the artist sold for $ 100 or 30 rubles, change masters, and its price goes up to several million dollars, you are not bothered?
Composer receives royalties for each performance of their works, for example, copyrights Prkofeva lived 2 of his widow and two sons, and lived comfortably - and I am very pleased.
The writer receives from the sale of each copy of their books, as well as for filming, etc. Why such a reaction to the fact that the artists have made it possible also to receive any dividends from its creation?

Now about the successor. I lived with Roginskii 29 years. My husband almost nothing to sell until the last years. This means that we lived on the money that I earned. I did it with joy, because my husband was quite a remarkable man and a great artist (I know, I like not supposed to say this, but prominent critics, and more importantly - the artists themselves say Roginsky was Russia's most significant artists of the second half 20 th century). So, getting those 18 euros, I paying a lot for someone? Have I a right to a tiny fraction of the sale of his paintings, whose creation was made possible thanks to me?

The taxi driver, who bought a Rauschenberg painting for $ 50, sold it for 5 million. Rauschenberg would have received 12,500 euros (but he received nothing, because in the United States, except California, the right route is not applicable). Do you think this an exaggeration?

You know, if all the artists peremrut of hunger, the profession gallerist, dealer, auctioneer, will disappear - nothing to sell. That's when the real horror will begin for all these people. Think about it.

[dedulya37]

Сообщение от danvik

collection. antiquary. will receive avtors.gonor.za publ.

Not mog.b.Vy pis.polnostyu? Otherwise nep.sovs.

[danvik]

You have not properly understood. Horror - I had in mind when relatives are brought to the death of a daughter of the artist or to samoubystva artist will receive a copyright. gonorary.A if museums and auction. will pay a horosho.Nedavno Zaklikovsskoy daughter said that she phoned from taxes. and asked otchitat. for receiving. funds from the publication of works of her mother and ottsa.Ona called the Russian Museum, which gave the work of mother and father and they said the picture now and let our taxes. Do not bother your head with all the rights to works belong to the Russian Museum.: confused:

[UPRAVIS]

danvik,
Author of a work shall enjoy the following rights:
1) the exclusive right to work (transferred under the contract or inheritance, gift, ...);
2) the right of authorship (not alienated and not disclosed, is protected in perpetuity);
3) the author's name (not alienated and do not peredaetsyao be protected in perpetuity);
4) the right to inviolability of the work (transferred, shall be protected in perpetuity);
5) the right to release the product (transferred).
6) the right to remuneration for the use of office work (not alienable)
7) the right to withdraw (not alienated and not transmitted)
8) the right to succeed (not alienated, transferred only by inheritance, operates during the lifetime of the author and 70 years after his death)
9) the right of access to works of fine art (not alienated, may be limited by the treaty).

[color="# 666686"]Posted 17 minutes later[/color]
danvik,

In a different case, and when the relatives of his life contained artist, allowing him to express themselves, followed him everywhere, denied themselves all over and totally devoted to him his life ...

I once asked my spiritual father: If you beg a man who was there, on feelings, not in dire need (rogue), whether or not he give her?
He replied simply: "asking, give me! Everything else will cope without you ... "

[color="# 666686"]Added after 37 minutes[/color]

Сообщение от danvik

Granddaughter Kustodiev received nothing and does not receive from the sales at the European auctions of paintings of his grandfather. Yes, and hello artists never received any royalties after the sale to the Euro. auctions.

About heirs DSC, you quite rightly said, LCR, I even have nothing to add.
About the artist, until 2008, right route almost did not work, since 2008, has not yet been accredited organizations to collect or pay the authors directly contact the dealer or an organization carrying out collective management of copyright and related rights under the contract with the author. Since the accreditation UPRAVIS, which acts on behalf of an unlimited number of authors, all the vendors there is the obligation to pay this fee, the resale of works created by the authors, within the term of protection. That is, from January 1, 2008, the payment of royalties (right route) - obligation for the seller, and not only the right artists.