latimes.com

What is common between the New York artist Chuck Klose (Chuck Close), the Los Angeles artist Ladd John Dill (Laddie John Dill) and the heirs of the Los Angeles sculptor Robreta Graham (Robert Graham)? All of them are on Tuesday filed a class action against Sotheby's and Christie's because of the that, in their opinion, these auction houses violate California law copyright percentage (California Resale Royalty Act - an analog of the European law on the right route «droit de suite »).

introduction of this law in California in 1977 was, in fact, the only attempt in the U.S. make payments to a commission by the author during the resale of their works (which is common practice in some European countries since the 1920s.) By California law, copyright interest, the artist is entitled to 5%of the amount of their work under certain conditions. First, the seller or the product must be a citizen of the State of California or the sale must occur on the ground in California. In addition, the law applies only to the unique works of art - " original paintings, sculptures, drawings or work of glass. "limited edition works - photographs or prints - under the Act do not fall. The right to possess copyrights Commission and the heirs of the artist for 20 years after his death.

Eric M. George (Eric M. George), a representative of the Los Angeles law firm« Browne George Ross LLP », filed Tuesday on behalf of the aforementioned artists two lawsuits against the auction houses Sotheby's and Christie's. In the claims indicated that the defendants "deviate from the performance" of the law of copyright percentage, while holding a commission of artists and regular "ignoring information about the nationality of the California sellers." Close, Dill and Graham successors are plaintiffs in both cases, in addition, the foundation of the Los Angeles artist Sam Francis is the complainant in respect of Christie's.

According to the Sotheby's, listed in the pages of Wall Street Journal, this auction house believes the claim unreasonable. A representative of Christie's said the auction house, they would argue in court about the legality of the law as such.

copyright law was initiated by the percentage of collector Alan Seroti (Alan Sieroty), 1977 - Senator from California. on the introduction of the law it inspired similar bills to pay royalties to artists in some European countries, as well as the practice of paying royalties in the entertainment industry. Arts Committee of California (California Arts Council) on its website publishes information about the author, who by law are due commissions. Some artists, such as Ed Ruscha (Ed Ruscha), very meticulous in gathering of distinguished them from the resale of five percent.

However, over the years, the law is not always the representatives of the art community were adequately informed about it, and enforce laws with mixed success. This means that not all will be present claims seriously. However, if the artists benefit from these trials will not only blow to the ego Christie's and Sotheby's: they can affect the activity of galleries dealing with the resale of works, until they move somewhere far away from California.

While the Americans because of the curse of the law of copyright percentage, current, and then not always, only one of the states of this vast country, throughout the EU law on the right route was introduced already in 2006 year. And next year promises to take him in the UK, which auctioneers Albion, frankly, not at all happy. about the pros and cons of such laws can read the article « Right of Succession: the threat of a new art boom or a storm in a teacup? ».

Prepared by Mary Onuchina, AI

Sources : artinvestment.ru