[pp.int.general] Resale rights and 2001/84/EC directive: obscenely enlarging material interests of authors

[Reinier Bakels]

The "droit de suite" directive you refer to has (indeed) nothing to do with levies. Copies of paintings on USB sticks are outside the scope of this directive.
Whether the (professional) trade in art is something to be concerned about - you are entitled to have your opinion, but I see other MUCH MORE urgent issues. Incidentally, in the political struggle about this directive, specific countries (and their art scene) played a specific role, but I  can't reproduce the specifics.
Incidentally, the trade of art is subject to very specific regulations. A PhD candidate in our university is working on a thesis about this subject. And there is a specific role for UNESCO. While we usually find too much copyright, copyright is not always suited for  true protection of genuine cultural values.

But I guess this is mostly beyond the scope of mainstream PP activism.  

Groeten, Grüße, Regards, Cordialement, Hälsningar, Ciao, Saygilar, Üdvözlettel, Pozdrowienia, Kumusta, Adios, Oan't sjen, Ave, Doei, Yassou, Yoroshiku, Slán, Vinarliga, Kær Kveðja
>>> REINIER B. BAKELS PhD LL.M. MSc
private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 7221
  ----- Original Message ----- 
  From: Carlos Ayala Vargas 
  To: Pirate Parties International -- General Talk 
  Sent: Thursday, December 25, 2008 3:02 PM
  Subject: Re: [pp.int.general] Resale rights and 2001/84/EC directive: obscenely enlarging material interests of authors


  Reinier Bakels wrote: 
    Some comments:
    - I am afraid this war is over, there is little to do against it.
  First of all, we can report about it. Later, if we achieve representation in Europarliament, we can go further.

    - Having said that, please note that the scope is relatively limited (of the Spanish transposition is not, the ECJ may correct it). It is only for works of art like paintings that are sold via professional art galeries and auctions, and there is a threshold.
  While it's restricted, it's enough to be harmful.

    - The purpose is to prevent the "Vincent van Gogh" syndrome: a poor painter selling his works for next to nothing because heen needs the money quickly, finding that only a few years later his works are traded for zillions of euro's. Isn't that a noble, social purpose?
  And the van Gogh syndrome also forces EU to calculate the levy from the resale price instead of the increase of value -i.e., collecting the levy even where there is a loss in the resale-? The van Gogh syndrome is just an excuse.

    - This situation leads to the more general question: what is *justice* if someone created something, and got very little money for it - that later turned out to be VERY valuable. It is a kind of market failure that can not be remedied by "internalisation". Sometimes copyright and patent law can help, but not always: copyright does not prevent the sale of a physical painting. In basic science, the problem is probably even worse: there are often decades if not centuries between scientific discoveries and actual application.
  We are not talking about inventions, but about intellectual works -furthermore, the levy is not applied to the intellectual work but to the physical medium where the work is placed!-. You are asked to make a painting, you agree a price, you sell the painting, you earn the money; isn't it enough? Collecting levies for further resales seems abusive to me.


                                                                                                 Carlos Ayala
                                                                                                 ( Aiarakoa )

                                                                         Partido Pirata National Board's Chairman 


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