tag:blogger.com,1999:blog-20645140.post3222107064389453698..comments2023-06-13T08:29:39.914+00:00Comments on MAKING A MARK: Banksy, e-bay auctions and DACSUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-20645140.post-35846840641174782022008-01-19T13:48:00.000+00:002008-01-19T13:48:00.000+00:00Thanks for the contribution Tina - as always you'v...Thanks for the contribution Tina - as always you've moved the analysis on further!<BR/><BR/>What the Artist FAQs says - and this is why I questioned what e-bay's role was - is as follows<BR/><BR/><I>"The law says that the art market professional and the seller of the art work are “jointly and severally liable” for the payment of the resale royalty. In practice, we expect that the art market professionals will pay the royalty."</I><BR/><BR/>I then read on a bit further and it says<BR/><BR/><I>"Where the seller of the art work is acting as an art market professional and using websites such as eBay, a resale royalty will be payable to the artist. Art market professionals are required to supply information about these sales in order for royalties to be collected."</I><BR/><BR/>So that raises the question of whether e-bay is obliged to release data about the seller's and buyer's identities in order that such information - and the resale right payable - can be collected by the relevant DACS agency - the only legal entity which can collect the royalty payable.<BR/><BR/>My reading of this is that e-bay is obliged to furnish the information if it is required for legal purposes.<BR/><BR/>Interesting though isn't it? Banksy would get to stay anonymous but the anonymity of the buyer and seller on e-bay could not be maintained.Making A Markhttps://www.blogger.com/profile/13509483023337008890noreply@blogger.comtag:blogger.com,1999:blog-20645140.post-13623104051482815482008-01-19T13:09:00.000+00:002008-01-19T13:09:00.000+00:00Very interesting! DACS is a great organisation. My...Very interesting! DACS is a great organisation. My original thought half way through was 'but this is a private sale' so no resale right.<BR/><BR/>I think the main thing is that if a gallery owner or other arts professional who purchased the work in that role tried to resell it as an individual they could be taken to task. The original sale would have been a business transaction - the first step in the piece being acquired by an arts professional - so unless the artwork were then 'gifted' to the business owner himself (a questionable enough act to start with to the Inland Revenue no doubt) and even then, I'm sure the trail could be followed.<BR/><BR/>Perhaps not easily, but the chain of acquisition would be there somewhere. And with a high-profile artist such as Banksy any buyer would (or should!) want documentation of provenance.<BR/><BR/>More worrying, in the experience of a friend of mine, is the case where a gallery or agent buys work outright and then the artist has no record of where it might go next - reselling abroad, resale through auction, etc. Artists themselves need to try and have contracts, including outright sales, that provide them with information on future resale. Or at least attempt to. (I realise these things are more difficult in practice than in writing.)Tina Mammoserhttps://www.blogger.com/profile/18407199513409994699noreply@blogger.com