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Saturday, September 29, 2012

postheadericon US Copyright Office Seeking Comments On Resale Royalties For Visual Artists


Well, it seems that all lobbyists Bruce Lehman, perhaps, has borne fruit. Lehman, the author of the DMCA and lobbyist for the Artists Rights Society, launched the idea of ??a resale right for visual artists, following in the footsteps of other countries that have raised visual artists levy resale of their works - essentially meaning that they are paid whenever someone sells his work. The U.S. Copyright Office is accepting comments on the proposed resale rights free.
The Copyright Office published a Federal Register notice soliciting written comments on how copyright affects and supports artists and royalty participation as a right federal government for visual artists with current practice and future affected groups or individuals involved in the creation, licensing, sale, exhibition, distribution and preservation of works of visual art. Specifically, the Office seeks comments on how visual artists use their works under the law in force, as well as problems and obstacles that may be encountered when considering federal right to participate in United States itself.
The summary explains in more detail:
The levy was born in France in the 1920s and is in general practice in Europe, but is not part of the copyright law of the United States today . According to the Copyright Act (the "Act"), 17 USC 101 et seq., Visual Artists, like other authors, we propose a set of exclusive rights, including the rights of reproduction, distribution and create adaptations his works. These rights, however, does not affect the layout of the original work of the author. In contrast, the first sale doctrine, codified at 17 USC § 109 generally allows the owner of a copyright protected work "to sell or otherwise dispose of the possession of" and "to show that copy of the public ... "Without the permission of the creator. The Copyright Office recognizes the right of first sale before noting the apparent disparity between other artists (musicians, writers , filmmakers) who make money from each copy sold and visual artists, they make money on the first sale.

One question is whether the system is so advantageous for certain works of visual artists. For some works of art, where the main economic advantage may be thanks to the sale of the original work instead of multiple copies, the creator can receive benefits under financial work done by later collectors or other entities downstream are able to take advantage of the increase in the value of the artwork in time.

The official summary will refer to this difference as a "perceived injustice" which is exactly this is perceived. Reward the original artist on future sales of his art, once it has sold

by artist another person, make these rights in a similar gains. (Of course, the tax on capital gains not charged when someone loses money, but this plan would be to collect royalty in the loss of "game" too.) Those who work in the arts visual can

feel
as they were given the short end of the stick of royalty, which, along with other artists to collect royalties for each copy sold but his art is usually supplied with top entry fees.
If you look in the other direction, the musicians are not entitled to a reduction in the selling price of the oddities in the catalog or get used to lower sales. Neither the authors or filmmakers. And it's not like the artists can not sell copies or reproductions of the Commission to increase the income of each work of art produced. Then there is the fact that, with the increase of work of an artist of the value of their new work should also increase in value, allowing them to
more money per unit sold.



Compare that authors and performers. More famous, you might be able to require breakthroughs or sell more copies of his records, but does nothing to increase the price of a CD or a book. U2 could be the biggest band in the world, but

each copy
still sells for $ 10-20. Visual artists can sell raw parts for less than $ 100, but if they are famous, the price per unit
may slightly increase in the tax bracket of the "millionaire ". The other disadvantage of the application of the right to participate in the visual arts is that it disproportionately affects new artists. Increasing the price level and the difficulty of resale of a work, investors will probably buy less unknown works and instead focus on proven products and established.
The key word in this discussion is "perception." It
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