Artists' Collecting Society

Last updated
Artists' Collecting Society (ACS)
Established2006
LocationLondon
Type Copyright collective
Website Artists' Collecting Society Website

Artists' Collecting Society (ACS) is a not-for-profit Community Interest Company dedicated to the collection and distribution of Droit de Suite or Artist's Resale Right (ARR) Royalties. [1] [2]

Contents

About ACS

ACS manages copyright and administers the collection and distribution of ARR throughout the UK and EEA on behalf of its member artists.

The Artists' Collecting Society was established in June 2006 by Harriet Bridgeman, CEO and founder of the Bridgeman Art Library, at the request of the Society of London Art Dealers (SLAD) and the British Art Market Federation (BAMF). [2]

By providing artists with a choice of collecting society, ACS ensures the rate of commission charged on the collection of ARR remains competitive.

Formed as a Community Interest Company, ACS operates solely for the benefit of their member artists. Any surplus income is used to benefit member artists and to support various art prizes and bursaries (for details of these please contact the office).

ACS represents over 1,500 artists and artists' estates including well-known artists such as Lucian Freud, Laura Knight, Frank Auerbach, Flora Yukhnovich, Cecily Brown, Paula Rego and Maggi Hambling.

Background of ARR

Artist's Resale Right was introduced in the UK in February 2006 under Directive (European Union) 2001/84. It entitles artists and their beneficiaries to a royalty from the commercial resale of an original work of art when the sale price reaches or exceeds the sterling equivalent of €1,000. ARR lasts for the lifetime of the creator and for 70 years after the creator's death. The royalty is calculated on a sliding scale beginning at 4 per cent of the hammer price for the first €50,000. [3] [2]

Related Research Articles

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

<span class="mw-page-title-main">PRS for Music</span> British music rights society

PRS for Music Limited is a British music copyright collective, made up of two collection societies: the Mechanical-Copyright Protection Society (MCPS) and the Performing Right Society (PRS). It undertakes collective rights management for musical works on behalf of its 160,000 members. PRS for Music was formed in 1997 following the MCPS-PRS Alliance. In 2009, PRS and MCPS-PRS Alliance realigned their brands and became PRS for Music.

A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation. A royalty interest is the right to collect a stream of future royalty payments.

<span class="mw-page-title-main">Australian art</span> Art made by Australians or in Australia

Australian art is any art made in or about Australia, or by Australians overseas, from prehistoric times to the present. This includes Aboriginal, Colonial, Landscape, Atelier, early-twentieth-century painters, print makers, photographers, and sculptors influenced by European modernism, Contemporary art. The visual arts have a long history in Australia, with evidence of Aboriginal art dating back at least 30,000 years. Australia has produced many notable artists of both Western and Indigenous Australian schools, including the late-19th-century Heidelberg School plein air painters, the Antipodeans, the Central Australian Hermannsburg School watercolourists, the Western Desert Art Movement and coeval examples of well-known High modernism and Postmodern art.

The first-sale doctrine is an American legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works. In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine.

<span class="mw-page-title-main">Mechanical-Copyright Protection Society</span> Performing rights organisation in the United Kingdom

The Mechanical-Copyright Protection Society (MCPS) is an organisation that collects royalties and protects rights for music publisher, song writer and composer members, when their music is reproduced, in any format – including online, physical and synchronised.

APRA AMCOS consists of Australasian Performing Right Association (APRA) and Australasian Mechanical Copyright Owners Society (AMCOS), both copyright management organisations or copyright collectives which jointly represent over 100,000 songwriters, composers and music publishers in Australia and New Zealand. The two organisations work together to license public performances and administer performance, communication and reproduction rights on behalf of their members, who are creators of musical works, aiming to ensure fair payments to members and to defend their rights under the Australian Copyright Act (1968).

The International Confederation of Societies of Authors and Composers is an international non-governmental, not-for-profit organisation that aims to protect the rights and promote the interests of creators worldwide. It advocates for strong legal protection of copyright and authors' rights. It is the world's largest international network of authors' societies, also known as Collective Management Organisations (CMOs), copyright / royalty collection societies, collecting societies, or Performing Rights Organisations (PROs).

<span class="mw-page-title-main">Sociedad General de Autores y Editores</span>

The Spanish Society of Authors and Publishers is the main collecting society for songwriters, composers and music publishers in Spain. It is similar to AGADU, ASCAP, GEMA, SADAIC, SACEM and SAYCO. The philologist, poet, composer, scriptwriter, movie and television director and producer Antón Reixa (1957) is the Chairman of the Board of Directors since May 2012. SGAE was founded in 1889 as Society of Authors of Spain. In 1995, its name changed to Society of Authors and Publishers, seeking to accommodate cultural editors.

The California Arts Council is a state agency based in Sacramento, United States. Its eight council members are appointed by the Governor and the state Legislature. The agency's mission is to advance California through arts, culture and creativity.

<span class="mw-page-title-main">Harriet Bridgeman</span> British art historian

Victoria Harriet Lucy Bridgeman, Viscountess Bridgeman is the founder of the Bridgeman Art Library, a for-profit company that provides a large collection of fine art images and the Artists' Collecting Society, a not-for-profit Community Interest Company dedicated to the collection of the Artists’ Resale Right and copyright on behalf of artists and artists’ estates in both the UK and the EEA.

<span class="mw-page-title-main">Phonographic Performance Limited</span> British music licensing company

Phonographic Performance Limited (PPL) is a British music copyright collective. It is a private limited company that is registered in the UK. PPL was founded by Decca Records and EMI and incorporated on 12 May 1934, and undertakes collective rights management of sound recordings on behalf of its record-company members, and distributes the fees collected to both its record company (rights holder) members and performer members. As of 2019, PPL collected royalties for over 110,000 performers and recording rightsholders.

Various copyright alternatives in an alternative compensation systems (ACS) have been proposed as ways to allow the widespread reproduction of digital copyrighted works while still paying the authors and copyright owners of those works. This article only discusses those proposals which involve some form of government intervention. Other models, such as the street performer protocol or voluntary collective licenses, could arguably be called "alternative compensation systems" although they are very different and generally less effective at solving the free rider problem.

Droit de suite (French for "right to follow") or Artist's Resale Right (ARR) is a right granted to artists or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine, where artists do not have the right to control or profit from subsequent sales.

<span class="mw-page-title-main">Rental Directive</span>

Directive 92/100/EEC is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a "rental and lending right" as a part of copyright protection, and sets out minimum standards of protection for the related rights of performers, phonogram and film producers and broadcasting organizations.

<span class="mw-page-title-main">Resale Rights Directive</span>

Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a right under European Union law for artists to receive royalties on their works when they are resold. This right, often known by its French name droit de suite, appears in the Berne Convention for the Protection of Literary and Artistic Works and already existed in many, but not all, Member States. As a result, there was a tendency for sellers of works of art to sell them in countries without droit de suite provisions to avoid paying the royalty. This was deemed to be a distortion of the internal market, leading to the Directive.

Copyright Agency Ltd (CAL) is an Australian not-for-profit public company that facilitates reuse of copyrighted material by third parties, collecting fees and delivering the payments to the creators. Its business names include Viscopy, Rightsportal and Smarteditions.

The California Resale Royalty Act, which went into effect on January 1, 1977, entitles artists to a royalty payment upon the resale of their art if the transaction takes place in California or the seller is based in the state. It was the only law of its kind implemented in the United States. On July 6, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled that the California Resale Royalties Act was preempted by the Copyright Act of 1976. Now, only works resold from January 1, 1977 to January 1, 1978, when the Copyright Act became effective, are eligible for the royalty payment.

VAGA is an artists collective dedicated to improving mental health and fighting cognitive decline through art therapy. The organisation brings together artists, clinicians and academic psychologists to foster research collaboration and the development of new art therapies. Vaga separated from the Artists Rights Society in 2018 and is now a distinct entity with a separate mission focused on mental health.

<span class="mw-page-title-main">The Artist's Reserved Rights Transfer and Sale Agreement</span>

The Artist's Reserved Rights Transfer and Sale Agreement is an open-source legal contract for the transfer and sale of an individual work of art in any medium, material or immaterial, including digital art. The agreement was drafted by curator, dealer, and publisher of conceptual art Seth Siegelaub, and lawyer Robert Projansky as a means to "remedy some generally acknowledged inequities in the art world, particularly artists lack of control over their work and participation in its economy after they no longer own it". The agreement specifies the rights, royalties and responsibilities of the collector (purchaser) relative to the original creator.

References

  1. "Licensing bodies and collective management organisations". Gov.UK. Retrieved 29 March 2023.
  2. 1 2 3 Lydiate, Henry. "Artists Resale Right: 4th Year Report". ArtQuest. Retrieved 29 March 2023.
  3. As stated in EC Directive 2001/84. For more information on the regulations, please visit the ACS website.