|TALENT TO HELP ... or TIPS ARTIST|
|TALENT TO HELP ...
or TIPS ARTIST
Tip 1. Caution for artists and users
(The possibility of creating a thief to steal)
Steal a monumental painting from the gallery? On a dare, not every. But the Internet and the development of copying expanded the possibilities of illegal use of fine art.
Creates an opportunity to steal a thief. Now there is nothing easier than to download your favorite picture and post it on your site. Some while doing a simple-minded manipulation of firm conviction, that does not violate the law. They think: all that is posted on the Internet - for free, as open to public use.
It is not. According to the Law "On Copyright and Related Rights", paintings, sculptures, graphics, design, graphic novels, comics and other works of art are protected by copyright - hence, protected by the state.
Therefore, placement of illustrations on the site or in the book of the law qualifies as a "reproduction of the work." This right belongs to the author's economic rights, therefore, requires the conclusion of the contract on the transfer of rights to the product.
Tip 2. Proof of authorship
Number of class-conscious users willing to pay for the use of illustrations and other artistic works is growing, but, strangely enough, "freeloaders" in this area abound. So how to protect himself an artist in this situation, especially if its iconic "finds" are popular?
What sort of insurance against an accident - it was not necessary inter alia to prove its authorship - it is better to confirm and make udostvoeritelnye action. In other words:
1. Zadeponirovat his work in the author's society
2. Udostoveritelnye produce action, but only if your work is represented on the Internet.
These pre-made actions can help you to defend their copyrights in court.
Tip 3. On the pre-trial resolution of the conflict
(Main - maneuvers)
In case of violation of your rights do not recommend immediately go to court. It is better to try to resolve the conflict peacefully and to address a letter with the claim the site owners (in the case of illegal placement of images on the Internet) or editors (in the case of unlawful placement in the book).
The site owner or publisher of the book may not be aware that you are the author of this work. Guilt can lie on the designer, who just gave your work for his. Reasons that your copyrights have been violated can be any number. Offenders understand the situation, you may pay the fee and apologize. If your letters to the claims do not give a positive result, only one solution - go to court.
Tip 4. "A standard set of" artist's rights
In general, the artist (as well as any author) in relation to his work the exclusive right to use the product in any form or by any means. Law on Copyright and Related Rights "provides an exhaustive list of possible use of visual art:
The exclusive rights of the artist's use of the work means the right to perform or authorize the following actions:
- Reproduce the work;
- To distribute copies of the work by any means: sale, rent and so on;
- To import copies of the work for distribution, including copies made with the permission of the owner of the exclusive rights;
- Publicly display the work;
- Publicly perform the work;
- Communicate the work (including display, performance or broadcast) to the public through the broadcast and (or) subsequent broadcast;
communicate the work (including display, performance or broadcast) to the public by cable, wire or by other similar means;
- Adaptation, arrangement or other transformation of the product.
Tip 5. "Unique" right of the artist
(On the right of access and the right of succession)
In addition to "standard set of" copyright law "On Copyright and Related Rights" gives artists the right to access and the right route. What are they?
1.Pravo access means that the author of works of fine art may require the owner of the work allow him to exercise the right to reproduce his work. In other words, if you sold someone your picture, the owner must provide you access to it, if you decide to make a copy of it. In this case, refers to the copying of works "by hand", that is the right of access does not extend to photography and other means of mechanical reproduction.
In this case, the owner of the work may not be required to deliver work to the author. Moreover - the owner (or other rightful owner) may require the original author's compensation for its costs associated with providing access rights to the author. So it is worth thinking and well count, as far as making copies for you to be profitable.
2.Pravo repetition means that each public resale of works of fine art (sale by auction of fine art gallery, art gallery, shop, etc.) at a price higher than the previous no less than 20 per cent, the author is entitled to receive from the seller remuneration amounting to 5 percent of the resale price (resale royalty).
Thus, if the price of your picture at a public sale has increased by more than 20% compared with the previous public sale, then you are eligible to receive 5% of the difference between these two amounts.
Droit de suite in the author's life has always belongs only to the author, and after his death - only the author's heirs. Under the contract, or otherwise it is impossible to pass.
Tip 5. And in conclusion ...
(Who is the soul of wit?)
Unfortunately, the artist's talent does not always guarantee its popularity and security. But if the talent is not something acquired, the artist's well-being depends largely on whether he will be able to warn itself against copyright infringement and to protect their works. Today, the sisters of any talent should be attentive, alert and enterprising.|