Right of access, right of succession, rights of the author of...

Right of access, right of succession, rights of the author of a work of architecture, town planning or landscape art

Access right traditionally belongs only to the author of a work of fine art. For example, the author of a painting that sold (sold) it through an art salon has the right to make a copy of it.

The right of access is expressed in the author's right to require the owner of the original to give him the opportunity to reproduce his work. In this case, the author does not have the right to demand from the owner of the original that he delivered the original of the work to him. Delivery of the original to the author, his subsequent return and all related costs can be carried out only by agreement of the author with the owner of the original works of fine art. For its part, the owner of the original has the right to claim for reimbursement of his expenses related to the author's exercise of his right of access.

The right, remotely resembling the right of access, also belongs to the author of the protected work of architecture. The author of this work has the right to demand from the owner of his original granting him the opportunity not to reproduce his work, but to implement his photo and video. Other, i.e. prohibition or other restriction on similar actions of the author, should be provided by the contract between him and the owner of the original of the architectural work.

For a long time known to foreign property and copyright law the right of following (droit de suite) was first established paragraph 2 of Art. 17 of the US law of 09.07.1993 No. 5351-1 "On Copyright and Related Rights". This right, like the right of access, belongs to the authors of works of fine art. The granting of this right primarily to authors of works of fine art is dictated, as is not hard to guess, by the purely proprietary interests of the authors of such works, which, unlike literary works and some other copyrights, are created in single copies, are not replicated and are not reprinted, which is not allows their authors and heirs of authors to repeatedly receive an author's reward.

However, in practice, there are cases when after the alien's alienation of the original of the work of art, its public resale takes place (through an art salon, a gallery of fine arts, etc.). The essence of the right of following is precisely that in the case of alienation by the author of the original of a work of fine art with each resale of the corresponding original, in which a legal entity or individual entrepreneur participates as an intermediary (in particular, the auction house, the fine arts gallery, store), the author is entitled to receive from the seller a fee in the form of percentage deductions from the resale price (right of succession). The amount of interest payments, terms and procedure for their payment are determined by the US Government, whose resolution of April 19, 2008 № 285 approved the Rules for paying the author remuneration for the public resale of originals of works of fine art, authorial manuscripts (autographs) of literary and musical works.

Payment to the author of the remuneration is subject to the following conditions:

a) as a seller, buyer or reseller, a gallery of fine art, an art salon, a store or other similar organization participates in the resale;

(b) The original of the products of painting, sculpture, graphics, design, graphic stories, comics and other works of fine art, original manuscript (autographs) of literary and musical works, written by the author or printed with the help of a technical device and signed by him, as well as copies (replicas) of works of fine art that were made by the author himself or under his direction, signed or otherwise abolished enes author (hereinafter - the originals of works);

c) the public resale of the original work is carried out within the validity period of the exclusive right to this work.

Payers of remuneration are the sellers of the originals of works.

The recipients of remuneration are the authors of the original works or their heirs (holders of the right to follow).

The person collecting the reward is:

a) organization exercising collective management of the right of adherence, having state accreditation;

b) directly the recipient of the remuneration who refused to manage the accredited organization by his right of following in the procedure established by cl. 1244 GK;

c) an organization that exercises collective management of the right of service on the basis of a contract concluded with the recipient to transfer to it the authority to manage its morals withdrawn from the management of an accredited organization.

Gallery of fine arts, art salon, shop or other similar organization that participated as a seller, buyer or intermediary in the public resale of the original work, on the basis of an agreement with the person collecting remuneration, presents him copies of documents confirming the resale price of the original work , as well as other documents required for the collection and distribution of remuneration, but the list and within the time limits specified in the said contract.

The relationship between the payer of remuneration and the person collecting remuneration on the collection of remuneration and its transfer to the authors of the originals of works (to their heirs) is governed by the contract.

The distribution of the remuneration and the payment to its recipients under the general rule are made by the person collecting the remuneration, in accordance with cl. 1243 GK.

In accordance with the above rules, the remuneration paid for the public resale of originals of works of fine art, author's manuscripts (autographs) of literary and musical works, is paid in the following amount.

The resale price of the original work of art, the author's manuscript (autograph) of literary and musical works

Remuneration amount

Up to 100 thousand rubles. inclusive

5%

Over 100 thousand rubles. up to 1 million 700 thousand rubles. inclusive

5 thousand rubles. + 4% of the amount exceeding 100 thousand rubles.

More than 1 million 700 thousand rubles. up to 7 million rubles. inclusive

69 thousand rubles. + 3% of the amount exceeding 1 million 700 thousand rubles.

Over 7 million rubles. up to 12 million rubles. inclusive

228 thousand rubles. + 1% of the amount exceeding 7 million rubles.

More than 12 million rubles. up to 17 million rubles. inclusive

278 thousand rubles. + 0.5% of the amount exceeding 12 million rubles.

Over 17 million 500 thousand rubles.

305.5 thousand rubles. + 0.25% of the amount exceeding 17 million 500 thousand rubles.

The right of following is an inalienable copyright. However, it goes to the heirs of the author. Heirs enjoy the right to follow during the statutory period of validity of the exclusive right to work.

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