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Message
Posted
I am running a fundraising group to raise money for a charity. We started as a team of three, each having our own role in the group. Our artist resigned in November with depression but she then demanded all the art work back that she had freely donated. It had since been signed by Singer thus making it more valuable. We got over that hurdle but not she is demanding payment. One of our members won the third prize but cannot keep the prize. she wants to donate it back to the group and have us sell it on privately and the money raised going to the charity. But the artist has told her that if she sells it then by law she is entitled to a cut of the payment. Surely this is wrong. Is there anyone here who can help explain what rights an artist does have over their work.
Points to consider
1. The art was donated freely and willingly.
2. the Winner wants to sell and donate all money back to the group.
3.I understand artist retains copyright which precludes copying of art.
Posted
DACS under the terms of this, artists can claim resale rights...sorry but true...but you have to, as an artist, sign up for this...minimum resale value to trigger this is about £500
Design and Artists Copyright Society...very similar to public lending rights on library books etc.
Edited
by Erebus
Posted
To give a definitive answer then I need to understand more about the background. Also I wonder what is the significance of the work being signed by 'Singer' - is this the name of the artist? It would appear that you have raffled some or all of the works - what is the position here? I have to assume that the artwork was given and not loaned to the group.
Setting this aside in simple terms there are two issues here: one being ownership and the other being copyright. If the artist freely gave the work to the group (and did not loan it to the group) then ownership now vests in the group and the artist does not have any grounds to reclaim property in the work. If contested in law then it may be for the group to demonstrate that ownership did indeed pass to the group - documentary evidence, witnesses to fact etc. Resale rights will only apply if such a condition was included in the original terms of the donation which I assume is not the case here.
The second issue is one of copyright. The new owners are able to sell the work or donate it without recourse to the artist. However they may not ( nor may any subsequent owners ) reproduce it by any means for any purpose whatsoever without the express agreement of the artist and the artist has the right to deny any such request. If the artist does agree then the artist may make it a condition precedent that payment be made, the amount of the fee being at the sole discretion of the artist.
Hope this helps. Happy to discuss in greater depth if you want to send me a PM.
Posted
As I'm no longer practicing I can only offer advice informally and without liability based on my limited understanding of the position. However, as you advise that no term regarding resale was included in the gifting arrangements I would suggest that the artist has no entitlement to any of the proceeds from the sale (regardless of value ) and you are free to proceed.
Interestingly even if there was a term relating to resale, the artist could not seek to benefit from the later addition of Barry Manilows signature. The only increases (or decreases) likely to be permissable would be those reflecting market forces at the time of resale compared with those at the time of donation on a like for like basis. You would have to ask: 'What would it have sold for had his signature not been added ?. The same logic would apply if, after donation and before sale, you had put the picture in a diamond encrusted golden frame.
Hope this is helpful.
Edited
by Michael Edwards
Posted
No Sylvia there are no worries on this score although it would be great if I could get royalties from the resale of all the paintings I have sold.
At the risk of repeating myself, once a piece art work passes directly to another whether by sale or by donation then ownership and all rights arising (other than copyright issues) pass to and are vested in the new owner - the artist enjoys no rights other than those related to copyright issues. Unless of course there were any prior rights of the artist arising from the express terms of the original sale which for the avoidance of doubt should always be in writing.
Edited
by Michael Edwards
Posted
I'm sorry but I'm afraid I didn't go into the Artist’s Resale Rights (ARR) under European Law as it can get quite complicated although perhaps I should have done by making it clear that I was addressing the circumstances described in this thread. These circumstances are well within the exemptions to the legislation.
Yes the ARR does provide the right to Royalties but only where the work is sold through what are described as art market professionals which is clearly not the case here. Where it does apply, royalties will be the liability of the responsible art market professional (usually a gallery).
Exemptions to the legislation and which apply here include where the artist sold the work direct within the previous 3 years and its value does not exceed 10000 euros, and, more importantly, sales between private individuals without the use of an art market professional.
Posted
Hello there,
I've been recently learning to draw manga and sketch basics from this tutorial: http://drawdoo.com/topic/anime-manga/ I have a need for creating some elementary illustrations, and seemingly everything went smooth. But now, I need an advice: is it worth to start learning to draw anatomy with manga, or if I maybe need to start with some more academic anatomy basics?
Posted
Hi 9811122
I purchased a 'how to draw manga' by Mark Crilley. It starts by showing you how to draw the outline of the face and then fill it with eyes nose and mouth, male and female, the eyes are a focal point with manga characters and there is a section on that also as well as body forming and creating mood., It has detailed sections on different forms of manga - realistic, cartoon, very cartoon and extreme cartoon - all very interesting and easy to follow I would recommend this book to anyone who wants to learn the art of manga.
I'm no youngster and I think its a great art form to practice.