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Anthony J Lombardi
Byrne Robotics Member
Joined: 12 January 2005
Location: United States
Posts: 9410
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| Posted: 31 December 2013 at 1:44pm | IP Logged | 1
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And as an artist, that is the deal I would work out before working with the company. ~~~~~~~~~ That isn't always an option Jodi. Especially when you are working with companies that think of freelance artist as a dime a dozen. We can be very disposable. If those of like minds such as Brian,Bill and yourself can't see the importance in doing something to change and improve things for artists. With you yourself being an artist(Which I'm at a complete loss as to why you wouldn't want to improve things for yourself.) Why the hell would companies do anything to improve things for artist?
Edited by Anthony J Lombardi on 31 December 2013 at 1:48pm
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Michael Roberts
Byrne Robotics Member
Joined: 20 April 2004
Location: United States
Posts: 14861
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| Posted: 31 December 2013 at 1:46pm | IP Logged | 2
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Does any former Beatles make any royalties from the use of the music the Michael Jackson estate own? NO they don't, Michael Jackson's estate is the sole beneficiary of the money made from that property.
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Sir Paul McCartney has always had the songwriting royalties from the Beatles songs he wrote with John Lennon, and US copyright law will begin reverting the publishing rights to him starting 2018.
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Matt Reed
Byrne Robotics Security
Robotmod
Joined: 16 April 2004
Posts: 36063
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| Posted: 31 December 2013 at 1:46pm | IP Logged | 3
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I'd respond to your post, Jodi, but I'm afraid you whoop up into one of your trademarked tizzy fits and threaten to storm off the board never to return. Not worth my time.
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Jodi Moisan
Byrne Robotics Member
Joined: 19 February 2008
Location: United States
Posts: 6832
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| Posted: 31 December 2013 at 1:47pm | IP Logged | 4
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I am doing things to improve myself Anthony, I am interviewing for a job in the next month as art director for a company. I have a wonderful chance of getting it, because of my track record as an artist that the one making the decision is a big fan of my work.
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Mark Haslett
Byrne Robotics Member
Joined: 19 April 2004
Location: United States
Posts: 6497
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| Posted: 31 December 2013 at 1:47pm | IP Logged | 5
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Brian: There are no rights to expand, once something is sold the previous ownerhas no rights to the item. As for being unfair, its more unfair to tell someonewhat they can and can not do with their personal property which they havelegally purchased.
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Well, there we have it. Do you actually believe you have seen all conceivable and possible artists rights, end of discussion? Unbelievable.
There were no screenwriters' rights to expand when the Studios started buying work from writers. ...until they expanded their rights.
The Studios didn't like it because they thought it was unfair to tell someone what they can and can not do with their personal property which they have legally purchased.But an industry of millions of dollars was built on the writer's backs and they finally stood up to take their fair share.
The comic art after market has built itself up in exactly the same way over the last 30 years. If it continues to grow, its inherent disregard of the artist's fundamental contribution will continue to grow.
Edited by Mark Haslett on 31 December 2013 at 1:50pm
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Jodi Moisan
Byrne Robotics Member
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| Posted: 31 December 2013 at 1:51pm | IP Logged | 6
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I'd respond to your post, Jodi, but I'm afraid you whoop up into one of your trademarked tizzy fits and threaten to storm off the board never to return. Not worth my time.
Matt you act like we have not seen your tizzy fits, the only difference is, you ban people instead of saying you are leaving.
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Anthony J Lombardi
Byrne Robotics Member
Joined: 12 January 2005
Location: United States
Posts: 9410
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| Posted: 31 December 2013 at 1:52pm | IP Logged | 7
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I am doing things to improve myself Anthony, I am interviewing for a job in the next month as art director for a company. I have a wonderful chance of getting it, because of my track record as an artist that the one making the decision is a big fan of my work~~~~~~~~~~~~~~~ Well I'm glad for you Jodi. So why are you not being supportive of something that would benefit all visual artists? Solidarity is what we need. United we Stand Divide we Fall and all that jazz.
Edited by Anthony J Lombardi on 31 December 2013 at 1:53pm
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Jodi Moisan
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| Posted: 31 December 2013 at 1:57pm | IP Logged | 8
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Well I'm glad for you Jodi. So why are you not being supportive of something that would benefit all visual artists? Solidarity is what we need. United we Stand Divide we Fall and all that jazz.
Thanks, I am united in that I believe artist should form a trade union and use that united voice to get better contracts for their work against large companies that have a ton of legal expertise at their disposal. But going after fans is IMO not the way to do it.
Edited by Jodi Moisan on 31 December 2013 at 1:58pm
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Michael Roberts
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| Posted: 31 December 2013 at 1:57pm | IP Logged | 9
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I just don't understand why people have no issue with a 10-30% fee for an art broker or auction house (which is the kind of sales we are discussing, not private sales between individuals), yet find a 3-5% fee for the artist (who arguably is the ultimate reason for the sale of the piece) offensive.
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Michael Roberts
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| Posted: 31 December 2013 at 1:59pm | IP Logged | 10
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But going after fans is IMO not the way to do it.
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How are fans being gone after? We are discussing art sales from auction houses, galleries, and art dealers.
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Michael Penn
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Joined: 12 April 2006
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Posts: 12760
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| Posted: 31 December 2013 at 2:05pm | IP Logged | 11
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>...once something is sold the previous owner has no rights to the item...<
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This discussion isn't about any "something" nor about a "previous owner" nor about "rights to the item" (the something). It is about a unique original work of art and the artist's right to resale royalties.
Both real estate and a chose in action (a right to sue, which is a proprietary right) may have encumbrances (a claim or liability attached) yet full transfer of possession through sale still pertains. These are not new concepts in Anglo-American Common Law.
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>...John Q Citizen who is selling a $200 page on eBay<
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The US Office of Copyright's Analysis:
QUOTE:
| We therefore conclude that any resale royalty law should cover, at a minimum, auctions, dealers, and galleries engaged in the business of selling artwork, including instances in which “an art market professional is using a web-based platform or service such as eBay or ArtBank to conduct [his or her] sales.” It should, however, exclude sales between private individuals, which the collecting societies agree would present substantial enforcement difficulties. |
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Jodi Moisan
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| Posted: 31 December 2013 at 2:06pm | IP Logged | 12
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How are fans being gone after? We are discussing art sales from auction houses, galleries, and art dealers.
A Beatles song was used for a NIKE ad a few years back, money was NOT sent to the original living Beatles. It ALL went to the person that bought the songs and now owns them. Why should art be any different?
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Topic Closed)
