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www.dacs.org.uk, by corblimeylimey on Sept 17, 2007 12:26:02 GMT 1, Is their beef that you had a picture of the artists work on your website?
Is their beef that you had a picture of the artists work on your website?
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Montubu7
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www.dacs.org.uk, by Montubu7 on Sept 17, 2007 12:28:14 GMT 1, so they are saying its not a Parla?
so they are saying its not a Parla?
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sid
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www.dacs.org.uk, by sid on Sept 17, 2007 12:31:17 GMT 1, No i think they are after artists resale royalties
No i think they are after artists resale royalties
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www.dacs.org.uk, by dave313perry on Sept 17, 2007 12:32:29 GMT 1, think their saying that its not original so must be a replica because parla has created no such works!!! also could be someone being an arse who you have pissed off - either that or a nigerian
think their saying that its not original so must be a replica because parla has created no such works!!! also could be someone being an arse who you have pissed off - either that or a nigerian
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www.dacs.org.uk, by mcnuts on Sept 17, 2007 12:34:46 GMT 1, No i think they are after artists resale royalties
that'd be my guess. looking for the artist's cut on a resale perhaps?: DACS - the Design and Artists Copyright Society - is the UK's copyright and collecting society for artists and visual creators. We exist to promote and protect the copyright and related rights of artists and visual creators.
No i think they are after artists resale royalties that'd be my guess. looking for the artist's cut on a resale perhaps?: DACS - the Design and Artists Copyright Society - is the UK's copyright and collecting society for artists and visual creators. We exist to promote and protect the copyright and related rights of artists and visual creators.
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jfury
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www.dacs.org.uk, by jfury on Sept 17, 2007 12:35:44 GMT 1, I agree with sids looks like resale royalities, as this seems to be a service they provide on behalf of clients:
"Welcome to DACS' Artist's Resale Right service
LATEST NEWS
We have collected over £2.8 million in resale royalties since February 2006!
SEPTEMBER DISTRIBUTION DACS is making our next payment of resale royalties at the end of September. Make sure you've registered with us to receive your royalties faster. Click here for more information on our resale royalty payments.
If you are an artist who could benefit from Artist's Resale Right, click here. If you are an artist wishing to register with us, click here. If you are an artist's beneficiary wishing to register with us, click here.
If you are an art dealer or agent, or represent a gallery or auction house, click here.
To conduct an Artist Search, click here. To calculate resale royalties, click here"
I agree with sids looks like resale royalities, as this seems to be a service they provide on behalf of clients:
"Welcome to DACS' Artist's Resale Right service
LATEST NEWS
We have collected over £2.8 million in resale royalties since February 2006!
SEPTEMBER DISTRIBUTION DACS is making our next payment of resale royalties at the end of September. Make sure you've registered with us to receive your royalties faster. Click here for more information on our resale royalty payments.
If you are an artist who could benefit from Artist's Resale Right, click here. If you are an artist wishing to register with us, click here. If you are an artist's beneficiary wishing to register with us, click here.
If you are an art dealer or agent, or represent a gallery or auction house, click here.
To conduct an Artist Search, click here. To calculate resale royalties, click here"
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www.dacs.org.uk, by corblimeylimey on Sept 17, 2007 12:38:20 GMT 1, Sounds quite odd, I've read some of DACS website, it seems they go after money without in some cases the artist knowing anything about it, they have a list of artists on their site they have money for but they don't even know where the artists are.
They'll chase money for resale, reproduction and use purposes.
Sounds quite odd, I've read some of DACS website, it seems they go after money without in some cases the artist knowing anything about it, they have a list of artists on their site they have money for but they don't even know where the artists are.
They'll chase money for resale, reproduction and use purposes.
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www.dacs.org.uk, by dave313perry on Sept 17, 2007 12:41:38 GMT 1, their saying its a replica - and in order to create a replica or a piece with Parla on it you need to seek permission - Liscence As you would if you wanted to manufacture Disney products or any other. They are basically taking you to the cleaners by enforcing a licensing agreement which seems wierd as thay could have contacted you informally to find out where the piece in question came from - also they can not stop or charge you for resale of their art so thats not an issue
good luck im sure it will all be sorted - but may take some time
Edit - reading what Cbl just posted i would contact them to inform they you sell original and originals only and all work is authenticated etc etc
their saying its a replica - and in order to create a replica or a piece with Parla on it you need to seek permission - Liscence As you would if you wanted to manufacture Disney products or any other. They are basically taking you to the cleaners by enforcing a licensing agreement which seems wierd as thay could have contacted you informally to find out where the piece in question came from - also they can not stop or charge you for resale of their art so thats not an issue
good luck im sure it will all be sorted - but may take some time
Edit - reading what Cbl just posted i would contact them to inform they you sell original and originals only and all work is authenticated etc etc
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sham69
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www.dacs.org.uk, by sham69 on Sept 17, 2007 13:05:24 GMT 1, Hi Frankie I think the validity claim is a red herring. DACS are just after a cut of every trade that the Jose Parla work has gone through to get to you.
And that includes yours when you sell it.
Looks like this thing might be a dogs dinner for dealers, galleries and anyone who has a web presence. Can anyone shed any light as to whether this is the thin edge of the wedge and whether in future we might all need to start looking over our shoulders?
Imagine ebay turning over their data to DACS coz Laz is down to his last £10m?
Thinking about it logically. As an artist who wouldn't want a slice of the resale cake? Parla's people are obviously pretty astute, but you can bet your bottom dollar there will be plenty of other artists in the future wanting some action.
below, from www.rics.org/Property/Artsandantiques/
What constitutes a ‘resale’ under the regulations? Whether or not the original transfer of ownership was made for money or any other consideration, the sale of a work is regarded as a resale if:
* The buyer or seller or the agent of the buyer or seller is acting in the course of business of dealing in works of art; AND * The sale process is not less than €1,000 euro.
If the seller previously acquired the work directly from the author less than three years before the sale and the price does not exceed €10,000 euro the sale of a work is NOT regarded as a resale for these purposes.
What constitutes a ‘resale’ under the regulations? Whether or not the original transfer of ownership was made for money or any other consideration, the sale of a work is regarded as a resale if:
* The buyer or seller or the agent of the buyer or seller is acting in the course of business of dealing in works of art; AND * The sale process is not less than €1,000 euro.
If the seller previously acquired the work directly from the author less than three years before the sale and the price does not exceed €10,000 euro the sale of a work is NOT regarded as a resale for these purposes.
What works are covered? The works that are covered by these regulations are any work of graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware or a photograph.
Is a ‘copy’ considered a work under the regulations? The only circumstance where a copy is considered to be a work under the regulations is if the copy is one of a limited number which have been made by the author or under his supervision
Hi Frankie I think the validity claim is a red herring. DACS are just after a cut of every trade that the Jose Parla work has gone through to get to you. And that includes yours when you sell it. Looks like this thing might be a dogs dinner for dealers, galleries and anyone who has a web presence. Can anyone shed any light as to whether this is the thin edge of the wedge and whether in future we might all need to start looking over our shoulders? Imagine ebay turning over their data to DACS coz Laz is down to his last £10m? Thinking about it logically. As an artist who wouldn't want a slice of the resale cake? Parla's people are obviously pretty astute, but you can bet your bottom dollar there will be plenty of other artists in the future wanting some action. below, from www.rics.org/Property/Artsandantiques/What constitutes a ‘resale’ under the regulations? Whether or not the original transfer of ownership was made for money or any other consideration, the sale of a work is regarded as a resale if: * The buyer or seller or the agent of the buyer or seller is acting in the course of business of dealing in works of art; AND * The sale process is not less than €1,000 euro. If the seller previously acquired the work directly from the author less than three years before the sale and the price does not exceed €10,000 euro the sale of a work is NOT regarded as a resale for these purposes. What constitutes a ‘resale’ under the regulations? Whether or not the original transfer of ownership was made for money or any other consideration, the sale of a work is regarded as a resale if: * The buyer or seller or the agent of the buyer or seller is acting in the course of business of dealing in works of art; AND * The sale process is not less than €1,000 euro. If the seller previously acquired the work directly from the author less than three years before the sale and the price does not exceed €10,000 euro the sale of a work is NOT regarded as a resale for these purposes. What works are covered? The works that are covered by these regulations are any work of graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware or a photograph. Is a ‘copy’ considered a work under the regulations? The only circumstance where a copy is considered to be a work under the regulations is if the copy is one of a limited number which have been made by the author or under his supervision
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reados
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www.dacs.org.uk, by reados on Sept 17, 2007 13:07:05 GMT 1, i would contact the person you bought it from originally and check that they know about this company, i would always try and by pass them if possible and try and pay the artist direct if you have to make a resale royalty, its a little like the prs and mcps in the music industry, once they got a hold of you you have to pay.
its like the vat man has got ahold of you, i bet mr zimmerman is a member here
i would contact the person you bought it from originally and check that they know about this company, i would always try and by pass them if possible and try and pay the artist direct if you have to make a resale royalty, its a little like the prs and mcps in the music industry, once they got a hold of you you have to pay.
its like the vat man has got ahold of you, i bet mr zimmerman is a member here
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www.dacs.org.uk, by numusic on Sept 17, 2007 13:42:49 GMT 1, Anyone know about these guys? I got this strange message below. It was brought to our attention that www.campbarbara.co.uk features works by our member in the following product: www.campbarbara.co.uk/joseparla.html We represent the artist in the UK and have no record of this production. We have been asked to contact you, in order to find out whether rights for the reproduction of works by the mentioned author have been cleared and whether it is possible for you to provide us with the relevant documentation. Should this not be the case, I would like to ask you to send us more information on the use of the works as well as the duration of the use on you website in order for us to legally assess the situation and eventually issue a licence agreement granting permission retrospectively and invoice. If you wish to discuss this matter on the phone, please do not hesitate to contact me on my direct line 0207 ******* or to email at ******@dacs.org.uk. I look forward to hearing from you. Yours Sincerely, Christian Zimmermann Legal & Enforcement Officer
ouch ! Dacs will be after a % of all your sales over 650 quid made on the secondary market. They may also hold the rights to reproducing the images on your website, whether you own them or not.. I think Mike at BRP is registered with Dacs and makes resale payments. Maybe ask him how he goes about it. If you're a registered company then there's probably no way around it. Only sales between private individuals are exempt.
Banksy is a member of DACS as are quite a few of the artists on your site. You need to sort this before lawyers get involved, costs would be nightmare.
Anyone know about these guys? I got this strange message below. It was brought to our attention that www.campbarbara.co.uk features works by our member in the following product: www.campbarbara.co.uk/joseparla.html We represent the artist in the UK and have no record of this production. We have been asked to contact you, in order to find out whether rights for the reproduction of works by the mentioned author have been cleared and whether it is possible for you to provide us with the relevant documentation. Should this not be the case, I would like to ask you to send us more information on the use of the works as well as the duration of the use on you website in order for us to legally assess the situation and eventually issue a licence agreement granting permission retrospectively and invoice. If you wish to discuss this matter on the phone, please do not hesitate to contact me on my direct line 0207 ******* or to email at ******@dacs.org.uk. I look forward to hearing from you. Yours Sincerely, Christian Zimmermann Legal & Enforcement Officer ouch ! Dacs will be after a % of all your sales over 650 quid made on the secondary market. They may also hold the rights to reproducing the images on your website, whether you own them or not.. I think Mike at BRP is registered with Dacs and makes resale payments. Maybe ask him how he goes about it. If you're a registered company then there's probably no way around it. Only sales between private individuals are exempt. Banksy is a member of DACS as are quite a few of the artists on your site. You need to sort this before lawyers get involved, costs would be nightmare.
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sham69
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www.dacs.org.uk, by sham69 on Sept 17, 2007 15:41:48 GMT 1, Frankie Is there any reason you have a pirate as your avatar?
Frankie Is there any reason you have a pirate as your avatar?
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sham69
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www.dacs.org.uk, by sham69 on Sept 17, 2007 15:46:22 GMT 1, Kerching. As the legal representative of Captain Barbossa can I request you send me a cheque for £3k for the use of his likeness.
Kerching. As the legal representative of Captain Barbossa can I request you send me a cheque for £3k for the use of his likeness.
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Cocteau 101
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www.dacs.org.uk, by Cocteau 101 on Sept 17, 2007 15:46:37 GMT 1, So to be clear - if a piece despite the increase in value is sold between private individuals it is exempt from this type of resale charge.
So to be clear - if a piece despite the increase in value is sold between private individuals it is exempt from this type of resale charge.
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Cocteau 101
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www.dacs.org.uk, by Cocteau 101 on Sept 17, 2007 15:47:26 GMT 1, So to be clear - if a piece despite the increase in value is sold between private individuals it is exempt from this type of resale charge.
That's a question not a statement
So to be clear - if a piece despite the increase in value is sold between private individuals it is exempt from this type of resale charge. That's a question not a statement
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www.dacs.org.uk, by cashman on Sept 17, 2007 15:54:12 GMT 1, Dacs will be after a % of all your sales over 650 quid made on the secondary market. They may also hold the rights to reproducing the images on your website, whether you own them or not.. I think Mike at BRP is registered with Dacs and makes resale payments. Maybe ask him how he goes about it. If you're a registered company then there's probably no way around it. Only sales between private individuals are exempt. Phew, you had me worried there, I've never made a sale above £650 yet apart from a few between private individuals so I'm covered It depends how your buisness is run, if u keep books and pay all the taxes n that im pretty shaw u could get stung By saying private individuals he means us the general public, as a gallery owner im pretty shaw your not exempt Although im supprised u didnt kno about this
Dacs will be after a % of all your sales over 650 quid made on the secondary market. They may also hold the rights to reproducing the images on your website, whether you own them or not.. I think Mike at BRP is registered with Dacs and makes resale payments. Maybe ask him how he goes about it. If you're a registered company then there's probably no way around it. Only sales between private individuals are exempt. Phew, you had me worried there, I've never made a sale above £650 yet apart from a few between private individuals so I'm covered It depends how your buisness is run, if u keep books and pay all the taxes n that im pretty shaw u could get stung By saying private individuals he means us the general public, as a gallery owner im pretty shaw your not exempt Although im supprised u didnt kno about this
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www.dacs.org.uk, by finsburyparkranger on Sept 18, 2007 11:16:07 GMT 1, Am i right in thinking they are going to try to charge online galleries a fee for using the artists picture on their website also?
Am i right in thinking they are going to try to charge online galleries a fee for using the artists picture on their website also?
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www.dacs.org.uk, by mcnuts on Sept 18, 2007 11:22:49 GMT 1, Am i right in thinking they are going to try to charge online galleries a fee for using the artists picture on their website also?
could they charge you for posting a picture of a picture you own ? seems odd.
Am i right in thinking they are going to try to charge online galleries a fee for using the artists picture on their website also? could they charge you for posting a picture of a picture you own ? seems odd.
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www.dacs.org.uk, by discoduster on Sept 18, 2007 12:29:42 GMT 1, Just tell them to get fucked.
i would.
Just tell them to get fucked. i would.
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www.dacs.org.uk, by cashman on Sept 18, 2007 12:41:02 GMT 1, Just tell them to get f**ked. i would.
I dont think it works like that
Just tell them to get f**ked. i would. I dont think it works like that
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www.dacs.org.uk, by dave313perry on Sept 18, 2007 12:48:54 GMT 1, Just tell them to get f**ked. i would. I did, I think it may have back fired as they are annoyed with me now!
Baaah - try the 'Do you know who i am' approach
Just tell them to get f**ked. i would. I did, I think it may have back fired as they are annoyed with me now! Baaah - try the 'Do you know who i am' approach
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www.dacs.org.uk, by paulypaul on Sept 18, 2007 12:51:34 GMT 1, A pal of mine got fucked by Getty Images in a similar manner. She owns a design company and paid for the use of images for a project. However, she used those images again on her website and needed to pay an additional licensing fee as the orignal license was time limited.
S'funny, this rights stuff. You can commission a designer to produce something for you, brief it, contribute to it, sign it off, pay for it and use it BUT they own the IPR....
A pal of mine got fucked by Getty Images in a similar manner. She owns a design company and paid for the use of images for a project. However, she used those images again on her website and needed to pay an additional licensing fee as the orignal license was time limited.
S'funny, this rights stuff. You can commission a designer to produce something for you, brief it, contribute to it, sign it off, pay for it and use it BUT they own the IPR....
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Strange Al
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www.dacs.org.uk, by Strange Al on Sept 18, 2007 12:51:38 GMT 1, Just tell them to get f**ked. i would. I did, I think it may have back fired as they are annoyed with me now!
Frankie - I hope you're joking??
Just tell them to get f**ked. i would. I did, I think it may have back fired as they are annoyed with me now! Frankie - I hope you're joking??
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Zippy
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www.dacs.org.uk, by Zippy on Sept 18, 2007 13:14:09 GMT 1, A pal of mine got f**ked by Getty Images in a similar manner. She owns a design company and paid for the use of images for a project. However, she used those images again on her website and needed to pay an additional licensing fee as the orignal license was time limited. S'funny, this rights stuff. You can commission a designer to produce something for you, brief it, contribute to it, sign it off, pay for it and use it BUT they own the IPR....
After having a similar problem with a picture library I am now fully aware of the limitations regarding usage of images. If anyone needs any help with this i'm happy to help. Z
A pal of mine got f**ked by Getty Images in a similar manner. She owns a design company and paid for the use of images for a project. However, she used those images again on her website and needed to pay an additional licensing fee as the orignal license was time limited. S'funny, this rights stuff. You can commission a designer to produce something for you, brief it, contribute to it, sign it off, pay for it and use it BUT they own the IPR.... After having a similar problem with a picture library I am now fully aware of the limitations regarding usage of images. If anyone needs any help with this i'm happy to help. Z
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endtimes
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www.dacs.org.uk, by endtimes on Sept 18, 2007 13:25:47 GMT 1, Sounds like a load of sh*te to me.
I'm well aware of and mostly agree with copyright and the use of photography, reproduction and royalty rights etc. But it sounds like in this case artists want to sell their paintings for loads of money, yet if they go up in price and the painting is resold they want to collect more portion of the profit. So do they tell you this when you buy the painting at the artists gallery. "Oh and if the painting goes up in price and you sell it, the artist must be compensated?" So basically even though you pay thousands for a painting the artists still basically co-owner of this painting? And what happens if the painting goes down in value, will the artists cover part of your loss?
Is this right? Glad we don't have this crap to deal with in the states.
Sounds like a load of sh*te to me.
I'm well aware of and mostly agree with copyright and the use of photography, reproduction and royalty rights etc. But it sounds like in this case artists want to sell their paintings for loads of money, yet if they go up in price and the painting is resold they want to collect more portion of the profit. So do they tell you this when you buy the painting at the artists gallery. "Oh and if the painting goes up in price and you sell it, the artist must be compensated?" So basically even though you pay thousands for a painting the artists still basically co-owner of this painting? And what happens if the painting goes down in value, will the artists cover part of your loss?
Is this right? Glad we don't have this crap to deal with in the states.
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www.dacs.org.uk, by slowmo on Sept 18, 2007 13:26:06 GMT 1, This use of images thing could potentially have repurcussions on here should DACS ever stumble across this site and spot the get your banksy's out thread.
This use of images thing could potentially have repurcussions on here should DACS ever stumble across this site and spot the get your banksy's out thread.
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www.dacs.org.uk, by ricosg11 on Sept 18, 2007 13:32:33 GMT 1, tell them they can have whatever they can pull out of your ass.
tell them they can have whatever they can pull out of your ass.
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www.dacs.org.uk, by dave313perry on Sept 18, 2007 13:40:21 GMT 1, This use of images thing could potentially have repurcussions on here should DACS ever stumble across this site and spot the get your banksy's out thread.
doubt it they should have a look on Flikr! they are just scaremungers if you ask me, im sure they dont have a leg to stand on
This use of images thing could potentially have repurcussions on here should DACS ever stumble across this site and spot the get your banksy's out thread. doubt it they should have a look on Flikr! they are just scaremungers if you ask me, im sure they dont have a leg to stand on
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www.dacs.org.uk, by cashman on Sept 18, 2007 13:53:56 GMT 1, This use of images thing could potentially have repurcussions on here should DACS ever stumble across this site and spot the get your banksy's out thread. doubt it they should have a look on Flikr! they are just scaremungers if you ask me, im sure they dont have a leg to stand on
If thats the case, why is Banksy registerd to them?? I dont understand why everyone is so worried, it only works on commercial sales eg somewhere like sotherbys or if your the owner of 1of the many on-line gallerys ie registerd as a gallery
This use of images thing could potentially have repurcussions on here should DACS ever stumble across this site and spot the get your banksy's out thread. doubt it they should have a look on Flikr! they are just scaremungers if you ask me, im sure they dont have a leg to stand on If thats the case, why is Banksy registerd to them?? I dont understand why everyone is so worried, it only works on commercial sales eg somewhere like sotherbys or if your the owner of 1of the many on-line gallerys ie registerd as a gallery
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dumpsuk
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www.dacs.org.uk, by dumpsuk on Sept 18, 2007 13:57:48 GMT 1, Frankie, I am sure there is a way around this, if you think creatively... maybe your originals you sold for (erhumm) £649 were just in REALLY expensive frames?
Frankie, I am sure there is a way around this, if you think creatively... maybe your originals you sold for (erhumm) £649 were just in REALLY expensive frames?
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