I cut & pasted this from the OBEY website. Does anybody know about this? I find it a very interesting idea but how on earth would you enforce it?
Strange but true. Looks like it applies to everything over $1,000: http://www.cac.ca.gov/210/ More: http://www.cac.ca.gov/95/ You could probably just circumvent this with a contract, couldn't you?
Had to read it just to make sure it won't affect any potential "flippability" in the future...seems to only apply to agents/dealers, not third-party re-sells...and like Roger said, this kind of thing should probably be covered in a contract anyway... California is so progressive! and law-happy...can't smoke, can't drive in the fast lane by yourself, can't screw artists over...just hope that the influx of subversive Japanese vinyl doesn't register on Guvner Awenol's radar---he'll extinguish it like one of his cigars...
this is more about originally art than anything else. ( one guy's piece sold for like 80 grand ten years after he sold it for 800.00 dollars for exam ple) but the amount of dough is paltry when set up against the costs incurred to pursue it. personally,as an 'artist', I think it is a silly law and anyone who persues it damages the aftermarket for their work.
So Frank, I'm curious. How do you feel about the aftermarket? It seems like artists don't really get much out of it after they've already sold their toys at retail. Do you hold back on a few to sell later, after the price has gone up? Does it affect how you feel about re-releases? I would think it would be tempting to re-release an in-demand toy to get a piece of the action.
To add to that , Frank, does the "don't look back" philosophy apply to these types of "coulda, woulda, shoulda" situations? And at what point would greed kick in to the point where you couldn't possibly ignore it?
my stuff has sold very high in the aftermarket for many years. I always just sell it all at the original price and then proceed to go on and make new stuff. I believe that this habit of constant new stuff, and lots of it and constant change in what I do (posters, records, fine art, toys, clothes, videos , ad campaigns etc etc etc is what has allowed me to earn a very good living for over 20 years doing basically, whatever I feel like doing. 1 trick ego ponies never last very long. this was especially true when I did posters. I think that in 20 years i reprinted maybe 3 or 4 things out of 1000 editions or so. I LOVE it when my stuff inflates on the aftermarket as then regular sales go up. I have way m ore ideas for crap than can ever be made, so I dont care at all if 'someone else made a bunch of money off my work'. That rules. what suckes is if NO ONE paid anything. then theres a problem. IU know the dude that pushed this law into being, he is a sort of washed up artist dude with a huge ego who traded in his 'creative' career for a weird sort of 'political cause' career. its bullshit.
I also pre-plan my finaces for 2-3 years so anything I make is set up with an eye to the 'payoff' being a % or 'profit' at x amount of wholesale or retail sales over that period. I pretty much know in advance whether or not its worth investing any time or effort or expense in a project before I do it. This is tedious and so on, but the upshot is I know what my income will be for a couple of years at any time and can p;lan accordingly. I always base my assumptions on worse case scenarios so when things sell unexpectedly well its all gravy.
Yeah like Frank said(I think) this is about OG art not toys or prints . I think it in reality applies to Galleries that sell the OG Art then resell it for collectors that have decided to sell. I heard BSFA gives 5% of total consignment sale price back to the Artist or adds 5 % to their commision and the seller really pays the 5%...not sure about that. Kinda nuts IMO !!!
Yeah like Frank said(I think) this is about OG art not toys or prints . I think it in reality applies to Galleries that sell the OG Art then resell it for collectors that have decided to sell. I heard BSFA gives 5% of total consignment sale price back to the Artist or adds 5 % to their commision and the seller really pays the 5%...not sure about that. IMO it's nuts to try to make this a law WTF???
