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Last Post Apr 9, 2007 7:08 PM by: meanstreet_rods
Replies: 186
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zia_designs
Posts: 12

Reselling (on eBay) art purchased on eBay

Feb 19, 2003 11:18 AM
I have seen so many wonderful paintings listed on eBay go unsold, most without even one bid. Others are sold for so much less than their true value. Having sold a few paintings myself, and listed many more that didn't sell, I can identify with the other artists. I know how satisfying it is to get a bid or two, even if the auction ends without a sale.

I was wondering about the etiquette of buying and reselling other artists' works. What if I bought a painting on eBay for $10 and then relisted it on eBay and sold it for $50? How would other artists feel about seeing their own paintings appear in someone else's listing, with someone else's description? And sell for 5 times more than they received?

As an artist, I would not mind seeing my art resold. I would be happy to see that someone else had bought it. I would also be interested in how the reseller had photographed it, described it and marketed it. And I would not expect to get any percentage of the reseller's profit.

But as a reseller, I would probably wish to give back to the artist some part of my profit, because the last thing I would want to do is exploit some poor starving artist. The European Union has some kind of droit de suite that requires each reseller of a work of art to give back to the artist a percentage of all subsequent sales of that work. I'd never want to see this kind of law in the US, but I would think that a voluntary system along these lines would be desirable.

Does anyone have any ideas or opinions about this? Or is this even allowed by eBay's rules?

If this has already been discussed in a previous thread, forgive me.

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artistocrat
Posts: 21,038
(45 of 186)

Reselling (on eBay) art purchased on eBay

Mar 1, 2003 6:51 AM

Its called "free enterprise" and "democracy".
Selling for profit is legal. Moral? Lot to think about re: Morality.
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frankie_bouvette
Posts: 2
(46 of 186)

Reselling (on eBay) art purchased on eBay

Mar 8, 2003 10:39 AM
Please DO NOT buy Ayla Z's art from Lionel Bergeron, or his business MetaComet-Studios. He is holding art that was
provided to him to scan and print in a plan that has since failed. He has refused to pay for or return the art. Also, there are a number of unlicensed prints involved. IF you hear of any of this art being sold by him or his business, please contact Ayla Z, ayla@ayla-z.com she can tell you if the sale is legitimate or not. Thank You.
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platypus
Posts: 216
(47 of 186)

Reselling (on eBay) art purchased on eBay

Mar 8, 2003 9:15 PM
Ayla, I see he's selling some of your prints on his website & even has one featured on his home page. That's pretty lousy if what you say is true! Did you have any sort of contract with him when you sold him the images?
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giecek
Posts: 1
(48 of 186)

Reselling (on eBay) art purchased on eBay

Mar 9, 2003 1:20 PM
I see my paintings being re-sold on eBay every now and then... click here to see the latest example. This person has even included the free gifts I gave them when they pruchased the painting on eBay back in November of 2001. It was fun to see my old friend "Lonesome Cabin" (the painting) again. Their description and comments were very flattering. I wish them well.
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rwright@adnetsol.com
Posts: 74
(49 of 186)

Reselling (on eBay) art purchased on eBay

Mar 9, 2003 11:14 PM
As eBay is a CALIFORNIA company, I am certain CALIFORNIA law applys.

And here, in California, we have:

THE CALIFORNIA RESALE ROYALTIES ACT California has a statute, Civil Code section 986, that provides the creator of “fine art” the right to receive a royalty upon the resale of his or her creations

That's right! If you buy my art, and turn around and resell it, you owe me, the artist, a commission!

Who else knew about that?
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rwright@adnetsol.com
Posts: 74
(50 of 186)

Reselling (on eBay) art purchased on eBay

Mar 9, 2003 11:16 PM
Enforcement Mechanisms



It is up to the seller, if the seller be an individual, auction house or gallery, dealer, broker, museum or any other party acting as an agent for the seller, to withhold the indicated 5% and to locate and in turn pay the artist.


In the event the artist cannot be located within 90 days, the 5% is payable to the state Arts Council. In the event the seller fails to make such payments, the artist may sue to collect the same within a defined statute of limitation period and the prevailing party in such an action can collect its reasonable attorneys fees. An artist has seven years to file a claim for monies paid to the Arts Council. However, there is no central registry of all such sales and it is the personal responsibility of the artist and the artist’s agent to keep track of the art work and the sales thereof.
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wave_seeker
Posts: 3
(51 of 186)

Reselling (on eBay) art purchased on eBay

Mar 10, 2003 11:53 AM
Ayla Z - sounds like it's a good time to find a lawyer, if someone is really using your copyrighted materials without permission or is exceeding his scope of use and/or physically has possession of your property. Good luck.
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owensart
Posts: 1
(52 of 186)

Reselling (on eBay) art purchased on eBay

Apr 2, 2003 8:44 AM
I purchased a Ford T-Bird in 1957 for $2,300.00 ..Today.. it is worth well over $100,000.00 and should I decide to resell it (?)
I have know intentions of paying Ford Motors a percentage of my profit.
Many works of art are purchased at a much lower price than sold for later.
I, personally, have seen a few of my works of art sell for much more than I originally sold them for. Brings a great swelling pride and comfort to my heart.
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zia_designs
Posts: 12
(53 of 186)

Reselling (on eBay) art purchased on eBay

Apr 6, 2003 12:49 PM
Thank you, rwright@adnetsol.com, for the information about the THE CALIFORNIA RESALE ROYALTIES ACT. I did a quick Google search and found more about it. You're right--all resales of artwork on eBay would be covered by this statute. The one clause which would eliminate 90% of eBay art transactions, however, is this:

"Among the limitations is that the statute does not apply to any resales (including any sales made as part of any exchange of other property) where the gross resale price is less than $1,000.00."

Did I interpret that correctly? (I'm just an artist, not a lawyer.)
--Zia
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veralucia
Posts: 16
(54 of 186)

Reselling (on eBay) art purchased on eBay

Apr 6, 2003 8:37 PM
Hello
Do you know anybody who wants to buy my stuff and resell it? I am willing to see it resold at ebay since I got what I asked for. I think art is an investment. Maybe someday I will very famous and people will be very happy to have bought when I was still an unknow artist. And the reseller doesn't need to tell me he/she is doing it. He/She has the right to sell, to give as a present, whatever. I will be forever the copyright owner.
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ml1308
Posts: 1
(55 of 186)

Reselling (on eBay) art purchased on eBay

Apr 9, 2003 6:54 PM
I speak as a purchaser, not an artist. I have bought 20 or so original works on eBay in the last 6 months... a few newly created works, the others all from earlier centuries. Yes, I have resold perhaps 3 or 4. Not to make a profit, although it did happen once, but to move them on as I didn't care for them once they arrived. As a collector, I own perhaps 100 works. While I would never ever reproduce a work under any circumstances, I feel they are my property now and do sell or trade them.

I have seen the agreement that must be signed by the purchaser that - among other provisos - requires the purchaser to notify the artist or his heirs if the work is sold and the amount of the sale price, thus guaranteeing the artist or his heirs a share of any profit realized in the event the work appreciated in value.
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tandtb
Posts: 1
(56 of 186)

Reselling (on eBay) art purchased on eBay

Apr 23, 2003 11:04 AM
I was married to a starving artist for 22 years and now frequently buy and sell/resell art prints and original pieces on eBay. From my perspective, I would imagine that seeing your art sold for a higher price by another seller might give you an idea of what its true worth in the marketplace would be. It has been my observation that many artists go to one of two extremes, either grossly undervaluing their work (aka starving) or grossly overvaluing their work (aka no clue).

Most artists who have great artistic talent are absolutely terrible at such things as marketing, self-promotion, handling money, sales and details. Why not strike a deal with someone who has bought and resold your work to sell it FOR you and take a sizable percentage of the sale price (say 25% + eBay fees). They would have no cost or risk involved and you would possibly get a better sale price on your work.

The above suggestion aside, I do agree with some others who have posted here that once an initial sale is made the artist loses the right to future resale profits. Some artists who do commercial work may sell the original piece, but retain print or publication rights, or visa versa, but that would have to be stated in the listing and a signed purchase contract executed to establish the fact. Even then, it would be difficult to know and enforce vioation of the contract.

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meliad
Posts: 2
(57 of 186)

Reselling (on eBay) art purchased on eBay

Apr 27, 2003 10:55 PM
I think for the most part it is acceptable to resale the work for a profit, and most artists don't mind. They will ussually raise their prices and possibly take some hints from the auction that sold it at a higher price. But I do believe that California has a law that requires that artists be paid for artwork reselling at a higher price. But I think that only applies to work over a certain price. So if you are selling work from a California artist, you might want to check up on the law.
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greavesart
Posts: 16
(58 of 186)

Reselling (on eBay) art purchased on eBay

May 2, 2003 7:53 PM
I consider artwork bought and resold on eBay as equivalent to art that's sold elsewhere on the secondary market. I love it when my work sells the second time for more than when I sold it. It only shows that it's in demand and increases the interest in my auctions. Go for it!

However, if someone reproduced my work for sale without my permission, I'd go after them in a minute! It's completely unethical and illegal.

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pillarboxred
Posts: 4,682
(59 of 186)

Reselling (on eBay) art purchased on eBay

May 11, 2003 9:15 AM
Many points raised by others beside the very the kind-hearted OP.

"Droite de suite" could result in investor-buyers focussing even more on the long dead. If a seller sells at a loss, as usually happens with single owner art, the loss will be aggravated by having to share the proceeds. Moneyspinning artists and their heirs will make even more money and the obscure starving artists will hardly get anything, as the collection costs will be great and the prices small.
It might be an idea to refuse gifts of contemporary art if you are going to be saddled with unsought-for obligations and red tape.

"The artist's say-so".
A well-known Australian/Scottish artist said that the example of his work I had could not have been genuine because thirty years previously he had been told by the warden of an exhibiting society that it had been burned for non-collection. It had been given to a church and mouldered in the basement for 30 years until being cleared out to the dealer I bought it from. It was unsaleable by me because the artist has the final say on authenticity while he is alive. I sold it for £100 to another dealer who sold it on to a collector who contacted the artist, who proceeded to change his mind. So the collector now has a valuable asset, with a letter authenticating it.

Profit sharing
If the original poster were to give a portion of profits to the artist's whose work she sells that would be very nice, but the profits might not arrive.

Painting over another's work.
Sometimes it is the arrogant overpainter whose work is removed when fashion changes and the despised underpainting takes precedence.
I have noticed a lot of art students are reusing, "appropriating", the work of others for their "installations",: carboot "Phlox in a Dresden vase", " Our Puppies", and "Loch Lomond, Sunset, 1965" get "recontextualised". Years from now these student fabrications might be eagerly dismantled to liberate the amateur pictures trapped within which will have become period pieces.

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