1. Visual artists and heirs of visual artists may apply, under the conditions of the law, for royalties either from collecting societies or from A10 in the event of the re-sale of lots of visual art awarded and collected by A10. A10 pays these entitlements on its behalf but for the selling consignors.
2. The works to which the royalty right applies are works of plastic or graphic art, such as paintings, collages, pictures, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramic or glass objects and photographs, provided that they have been made by the artist himself or are copies considered original works of art (made in limited numbers by the artist himself or under his guidance/authorization), awarded individually for a minimum value of EUR 300.
3. Entitled to claim royalties are: a) living visual artists, whether or not they are members of the UAP or other professional associations, authors of a lot of lay art which is resold by a person who has acquired the lot by purchase; b) the heirs of a visual artist who died in Romania not more than 70 years before the date of the resale, author of a lot of lay art which is resold by a person who acquired the lot by purchase, provided that the works created before July 25, 1996 were under copyright protection at the date of the resale.
4. Heirship must be proven. If more than one heir, the payment of the royalty is to be made to the person with power of attorney. As far as the status of heir is concerned, with regard to the succession in time of the law applicable to inheritance and copyright matters, the proof of the rank of heir and the right to royalties will be analysed at the time of the application for royalties. Essentially, under the law, not every heir is eligible for royalties. So the heirs, together with the application for royalties will have to attach the following evidence: (i) certified copy of the author's death certificate (or an equivalent civil status document); (ii) certified copy of the certificate of inheritance.
5. Works at first sale, i.e. works deposited on consignment by artists directly or through a representative of the artist's spouse or relative, are not eligible for resale rights.
6. The royalties shall be paid only for lots awarded and collected. Thus, in relation to the deadline for receipt of the lots awarded, the request for a suite must be addressed to A10 no earlier than 30 days after the date of the auction in which the lot to which it refers was awarded.
7. Applications for royalties should contain at least the following data: a) the number, date and name of the auction; b) the name of the artist; c) the lot number and the name of the lots awarded for which the royalty is requested; and have attached d) a copy of the identity card for living artists; e) proof of the status of eligible heir according to point 4; f) proof of the status of proxy, if there is more than one eligible heir (power of attorney authenticated by the notary public). Applications should be sent either in writing to the A10 office, to the attention of the Director of the Finance and Accounting Department, or by email to firstname.lastname@example.org.
8. Applications may be sent immediately after the 30 days following the date of the auction (so as to enable the awarded lot to be cashed in). The analysis and payment will be made within a maximum of 60 days from the date of receipt of the price, according to the law. As soon as the application for payment has been examined, either payment is made, accompanied by communication to the applicant, or the applicant is contacted for clarification.
9. The payment of royalties will be made exclusively by bank transfer, under no circumstances in cash.
10. We in no way encourage the collection of royalties from A10, instead of collecting them from the collecting society, in order to deprive the collecting society of the collection of the commission; it is up to the holders to choose between collecting them from A10, in full, or collecting them from the collectin11. We thank and are grateful to the artists and their heirs for their willingness to conduct these transactions directly or indirectly with/through us, and assure them of our concern to properly materialize this openness to provide an alternative payment platform to the legal holders of the royalties.