Resale royalties and moral rights

[C. Moreno]

Does anyone have any views on or experience with: (1) resale royalties for art whose value has appreciated (see, for example, http://www.cac.ca.gov/resale.htm). (http://www.cac.ca.gov/resale.htm) ). (2) "moral rights". These involve artist's rights that their work not be defaced or destroyed, and that they be recognized as authors of a their work, and to prevent others from using the work or the author or artist's name in such a manner as to reflect adversely on their reputation.
How common are sale contracts including these provisions? How do they affect pricing?
Thanks,
Clarissa http://www.cmoreno.com

[This message has been edited by C. Moreno (edited July 28, 2000).]

[bluespade]

Wow. Resale royalties? I never hear that before. I think if somebody is wise enough to buy some art when your value is low and resell it when you are famous, they should get all the profits. Is there a legal doctrine saying otherwise?

Regarding the 2nd issue, can you give an example? As we have discussed before, buying art does not give you the right to lease it or reproduce it in anyform. I.e., the copyright doesn't transfer to the buyer on sale.

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Doug
Blue Spade Productions
http://www.bluespade.com

[arcitect]

Richard Serra's public-sculpture "Tilted Arc" was removed from the courtyard of an office building it obstructed. He tried to sue and lost.

If you start your research there, you will find many more cases, wherein the artists have both won and lost.

If you sell an image © and all, it is SOLD. Most of artists do not sell the copyright, they just license you the right to view the image at your liesure, indefinitely. The case can be made (and is) that since you were only licensed to view the image at leisure, reselling the work for profit breaches this licensing agreement and thus the artist is entitled to compensation.

Needs to be on your contract though. You may be able to sue and win, but you will get a bad rep.

[C. Moreno]

Originally posted by arcitect:
Good topic.
More power to you if this is a legitimate and pressing concern at this stage of your career....If you believe you need such a clause then you do NEED a lawyer.
The reason I asked is because someone suggested I look into resale royalties after seeing my work. It turns out such royalties are required under California law, and they are also popular in Europe, but not in the rest of the United States. I found a reference to resale royalties, and sample contracts with "moral clauses" in a book by Tad Crawford, Business and Legal Forms for Fine Arts, N.Y., Allworth Press, 1995. However, the book does not say how common such clauses are. I've been an artist for a long time, but have only recently devoted a lot of effort to trying to promote my work, so I don't have the bargaining power of the established artists you describe (of course I plan to get there soon!) http://www.wetcanvas.com/ubb/wink.gif However, I want to have a better understanding of some of these issues as I shift more of my efforts towards fine arts. (Currently I do print and web design and illustration.)
Many thanks for your responses.
Clarissa http://www.cmoreno.com

[C. Moreno]

Originally posted by bluespade:
Wow. Resale royalties? I never hear that before...Is there a legal doctrine saying otherwise?
It's the law in California (see the link in my first message on this thread, which is now working), and is popular in Europe, but not in most of the U.S. AFAIK.

Regarding the 2nd issue, can you give an example?
For example, even after you sell a work of art, the owner is in principle (according to this "moral clause") obligated not to deface your work. That makes sense, although the downside is that if Da Vinci had been alive, he could conceivably have sued Marcel Duchamp for painting a mustache on a photograph of the Mona Lisa.
Clarissa http://www.cmoreno.com

[arcitect]

Good topic.

I do not know too many people who include a resale royalty clause on their contracts and the few I know who do, sell for very large sums of money and get considerable magazine and journal recognition.

More power to you if this is a legitimate and pressing concern at this stage of your career. It is probably best to take your concerns to a lawyer and go over it with him/her in person. If you believe you need such a clause then you do NEED a lawyer.