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Spain won the dispute over the legacy of Dali

Spanish Foundation Gala - Salvador Dali will no longer share the benefit on the right route with the French heirs of the artist

SALVADOR DALI
« Poetry of America (Geopolitical child observing the birth of a new man). "
1943 Source: < a rel = "nofollow" target = "_blank" href = "http://www.artinfo.com"> artinfo.com

many years went altercation between the two organizations in Spain and France for the droit (droit de suite) - Payments received by the artists or their heirs for 70 years after his death his works for resale in Europe. The subject of the division were the percentage of the resale of works of Salvador Dali. Recently, the Court's decision of the European Union and the Paris district court considered the winner in a dispute the Spanish side: this means that payments by the right route will not get many relatives of the artist in France and the Spanish state, which was stipulated in the will of the master of surrealism.

This judicial saga dates back to 1989, when 84-year-old Salvador Dali died while listening to his favorite opera "Tristan and Isolde" by Richard Wagner. The artist left a rich artistic heritage: only about 15 thousand works - from the famous early paintings to the lesser-known later portraits. The will named Dali Spanish state the sole heir to his intellectual property, and proceeds from the sale of his works were to be divided between the national government and the Catalan town of Figueres, where the artist was born and where he had the misfortune to die. < /p>

entire catch is that in spite of full compliance with the will of Dali Spanish laws, the French artist's relatives have an advantage even before the will of the deceased and therefore entitled to follow here the last words of the author does not. It turned that when the Spanish Foundation Gala - Salvador Dali, the immediate successor of its intellectual property, sold the work of Dali in France, a French organization ADAGP, providing copyright, retains the interest on the right route and paid their five living relatives of the artist. Foundation Gala - Salvador Dali, of course, these amounts would like to reserve.

by European laws deductions on the right following the resale of depend on the amount of the transaction: the first 50 thousand euros will be charged 4%the next 50 -200 thousand euros is taxed at 3%and 1%is taken in the range from 200 to 350 thousand euros, 0.5%- for 350-500 euros, and finally, 0.25%should be given with every subsequent thousands, if the deal has passed for half a million euros. And on the right following the payment can not exceed EUR 12 500.

Court of the European Union first decided that each of the countries concerned is free to restrict the number and characteristics of those who profit by the right route - and this means that Spain has every right to exclude from this category Dali heirs in accordance with his last wish. The Paris District Court, in turn, on July 8, decided that the adjusted payment on the right route should laws of the country, where the artist was born or a citizen of that is. Thus, the ownership of the work of Salvador Dali shall be governed by the laws of Spain. The court is obliged to reimburse the organization ADAGP Fund Gala - Salvador Dali payments for the right route in 1997 (the year the fund was recognized as the legitimate successor of the intellectual property of Salvador Dali).

Foundation celebrates his victory, a court member is called the fund "is not only a step forward in protecting the rights of Salvador Dali, but in general the legal precedent" . According to the fund, the five heirs of Dali in court do not appear. They are likely to be asked back over the years received payments from the ADAGP; however, they have the right to appeal the court decision.

In recent years in France were sold only minor works of Dali. His personal record was updated in February this year at Sotheby's in London, where his" Portrait of Paul Eluard, "in 1929 went under the hammer for 13.5 million pounds (21, $ 7 million). This is not only the most expensive work by Dali, but also the largest auction price paid for a work of surrealism.

Prepared by Mary Onuchina, < em> AI

Sources : artinvestment.ru


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