FAQHow can I become a member of GESTOR?
Any artist can become a member of GESTOR who creates original works of art: original picture, drawing, painting, collage, tapestry, engraving, lithography or other graphics, sculpture, ceramics, author's jewel, photographs. Also, heirs to the authors can be the members of GESTOR. The acceptance is approved by the managing board; if the applicant is rejected he or she can appeal to the general meeting of members.
Who is represented by GESTOR?
According to the law, GESTOR represents all the authors who are have the right to remuneration from a resale of an original work of art (royalties). There is no need for any agreement to be made. GESTOR is obliged to collect the money from art sellers and control the sellers too. The authors who want to receive the royalties from GESTOR only sign an enrolment application. Agreements are closed with the members only on condition that the authors want to be represented by GESTOR also in other areas besides droite de suite (authors' right to remuneration from a resale of an original work of art - resale law).
How does GESTOR administer the resale law abroad?
GRESTOR has closed reciprocal agreements with affiliated associations abroad, which administer the resale law in their countries (e.g. Bildkunst, ADAGP, LITA). The royalties are paid by the foreign company to GESTOR, and then they are paid by GESTOR to a registered artist in the Czech Republic.
What is the tax that the author pays on the royalties?
The money received must be declared in the tax return. The income is declared for the year in which the money was paid by GESTOR. It is possible to deduct 40% from the amount of the royalties as costs. The tax is not paid if the income total (not only from royalties) does not exceed CZK 15.000.
What does "sale price" mean? (The royalties are calculated on it.)
The "sale price" is the price the buyer actually paid. If the buyer paid the price including the VAT, then the VAT is subtracted. If the work of art is sold at auction, the sale price is the price for which the work of art has been auctioned off.
Is the author who does not collect their royalties allowed to decide on the use of them?
GESTOR, according to the Allocation rules, takes into consideration the opinion of the authors who have not collected their royalties.
Can I learn anything about the accounting of GESTOR?
Yes, GESTOR is obliged to make its economic results public in Obchodní věstník (Trade Bulletin) and the final accounts must be audited.
When are the royalties paid?
Sellers are obliged to report all the sales by the end of January. GESTOR sends them a bill and the sellers should make the payment when it is due. So the administration usually lasts until the end of March and it is possible to pay the royalties in April. If the seller was allowed to pay in instalments, the royalties cannot be paid until after the last instalment has been paid.
Can I, as an author, check how many sales has been registered and how much has been collected for me in royalties?
We can tell you immediately. If we know you personally, by phone, if not, after you have submitted your ID.
If sellers do not pay the royalties to GESTOR, can they be sued?
If a seller does not report about the sale, according to the amended Copyright Act, it is an offence and the seller can be fined as much as CZK 50.000 for each instance.