Purchasing original Prints
SALES OF DIPTYCHS – ORIGINAL PRINTS
SIGNATURE AND AUTHOR'S DRY STAMP – N° AND DIPTYCH SIZE – PRINTS DATE
T1 |
T2 |
T3 |
T4 |
T5 |
T6 |
|
DIM. FRAMES | 30X40 |
40X50 | 50X70 |
60X80 |
80X120 |
120X180 |
DIM. WINDOWS | 2X(12X17) |
2X(15X23) | 2X(19X29) |
2X(22X36) |
2X(29x46) |
2X(50X76) |
DIM. PRINTS | 2X(13X18) |
2X(16X24) |
2X(20X30) |
2X(26,5X40) |
2X(33x50) |
2X(53X80) |
DIPTYCH N° 5 | from 1 400 € to 10 400 € |
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DIPTYCH N° 4 | ||||||
DIPTYCH N° 3 | ||||||
DIPTYCH N° 2 | ||||||
DIPTYCH N° 1 | ON REQUEST | ON REQUEST | ON REQUEST | ON REQUEST | ON REQUEST | ON REQUEST |
Maximum 5 copies by size |
from draft print to vintage (or exhibition) print
After the shot, the negative development: the printingSome photographers print off their pictures by themselves, I never do!I resort to professionals with whom I am in close collaboration to finalize my work: I am proud to mention the names of Roland DUFAU and Michel GRANON
PROOF READING : A « draft », it is not a final print but an intermediate stage that guides the photographer in his work through the choice of tonalities for the final print.
VINTAGE : antique printing, contemporary with the shot, performed by the photographer or under his control. My prints put up for sale are nearly all VINTAGES.
ORIGINAL PRINTING : Printing process that can be performed long after the shot only by the photographer or under his control.
COLLECTION PRINTING : vintage or original final printing that gives the most accomplished expression to the work. The selection of the paper, the chemical process of development and fixing must enable the preservation of the proof in the time.
CIBACHROME or CIBA CLASSIC ® : colour printing process from a positive (slide) using plastic-coated and ultra brilliant paper with very sharp tonalities. Excellent standard by the light. Roland Dufau (Paris) is the undisputed master of it.
C-PRINT : colour proof made by printing from a negative on a paper that must be of accepted stability. Best printer in France: Michel GRANON (Paris)
DIASEC ® : layer of Plexiglas mounted on a big format photographic printing to protect the surface area without the use of a frame.
REPRODUCTION OR « MODERN PRINTING » : performed after the death of the artist by the negatives holder.
CONTRETYPE : tirage réalisé non pas à partir du négatif d'origine mais d'après une nouvelle photographie d'un tirage
LIMITATION : some photographers consider that photography is a multiple by essence and thus they do not limit their prints. According to me they are very mistaken: none of the final or collection prints can be like another one because of the printer intervention whose masking made by hand on specific areas of the picture (especially when not made by series, which happens scarcely due to their prices) cannot be exactly reproducible!
My prints are limited to 5 copies in 6 sizes (prints total number: 30 copies).
The price of the 1st sold print is lower than the second one and so on, until the last one in its size, which, as a rule, is not on sale.
Prices vary from 1 400 € for the first print in the lowest size to 10 400 €.
The reduced rate of the related V.A.T. is of 5,5%.
AUTHENTICATION : My prints are signed on the back with a soft grease pencil and numbered from 1 to 5 with the size mentioned on it. Example: 3/5 - S5 (80x120). They are dated and they are marked for my dry stamp at the bottom of the print.
A certificate of authenticity is delivered which includes:
my name imprinted in relief
date of certificate
name of the holder
Work title
Visuals size
printing type : Ex. Cibachrome, Dye Transfer, Fresson, Ultrastable ...
printer name
date of the print
transfer date
CERTIFICATE |
PROPRIÉTÉ ET DROIT
Consult the "Union des Photographers Créateur" website : http://www.upc.fr/ |
PHOTOGRAPHS AND COLLECTORS
Today everything can be collected whatever the art works or the most assorted and various objects.
All the types of creation have their collectors who start to collect some copies and then getting caught up in the game develop a collection more and more important.
The photography itself owns its collectors who, one day or the other, for various reasons, can be solicited.
Even though it is not possible to refuse the collectors a certain merit because they represent a kind of memory of the creation in the chosen speciality, however they have to respect the copyrights of the works they have collected.
The fact of being in possession of a collection of photographs does not entitle the holder to exploit all or part of that collection.
Actually, the exploitation right which belongs to the author or those entitled under him include the right of reproduction and the performance right, especially for the exhibition – included some cultural one – television, movies, publishing, etc.
According the article 28 of the law of 11 March 1957, the reproduction " can be performed in particular by printing, drawing, plates, pictures, copies and all graphic and visual arts process, mechanical, film and tape recording".
The article 29 of the same law specifies that " the intangible property defined by the article 1° is independent from the property of the material object. The purchaser of this object, on account of this purchasing, is not vest with none of the rights provided for the particular law....""
The legislation texts mentioned above does not present any ambiguity : therefore the holder of the photographs collection is not entitled to reproduce, make reproduce or to exploit the pictures of his collection without the author's agreement.
Only the author and those entitled under him are invested with the right of reproduction or performance right.
However, there are two cases in which the collector can reproduce and possibly exploit the photographic works.
Firstly, the case when the protection length is expired. In respect to this, it is necessary to remind that according to the article 21 of the law of 11 March 1957" the author, throughout his life, is in full possession of the exclusive right to exploit his work in all its forms and to get a financial profit from it. On the death of the author, the right does last to the advantage of those entitled under the author for the current civil year and for the following 50 years ".
Thus, in the case in point, the collector can only exploit pictures that are old enough, as, after the death of the author, he has to wait for an expiration of 50 year possibly increased by an extension length due to war facts.
The second case that allows the collector to reproduce the work, once it has been divulged, is provided for in article 41 of the law when the copies or reproductions are "strictly reserved to the private use of the copyist and are not intended to a collective use".
Therefore, we can see that in accordance with the law the reproduction of the collector's photographs is limited to his sole private use.
When a possible user does address to a collector to reproduce a photographic work of his collection, the latter, in compliance with the photographer royalties (moral and property rights), is obliged to inform him and to put him in touch with the user.
It may happen that the collector is not aware of the author's name of the photography it does hold. In this case, the photograph cannot be exploited in any way.
When a collector does assume the right to deal directly with the user, he acts as unfair competitor for the profession because the collectors, except under the author's agreement, cannot present themselves as representatives de facto. However, the photographer, as any author of intellectual work, must always carefully watch over the strict respect of his rights in order to avoid any misuse or illicit exploitation of his works.
In brief, any use by the collector of the photographs of his collection (except for the private use of the collector) is illicit.
Philippe ESCHASSERIAUX Lawyer to the bar of Paris
(Extract from the letter of information UPC/December)