Information for visual creators

Individual rights

Are you an independent artist, art photographer, architect, industrial designer or other visual creator whose work is not usually commissioned by publishers or print media? Is your work published in print, digital or visual media without you having made agreements about this? You can outsource the task of keeping track of what appears where, arranging the licences and collecting the fee to Pictoright. That saves a lot of tracing work, phone calls, administration and negotiating with editorial staff. And you are assured that your work will only be used with your permission and for a reasonable fee.

This does not mean that your work will be published less often; Pictoright has current agreements with most publishers. Our customers are already accustomed to paying a fee for using work.

If you register for the management of your individual rights, you will immediately qualify for the proceeds from collective royalties and our legal assistance. Pictoright acts against plagiarism and unauthorised use where possible.

Registering for individual rights
Pictoright manages and protects the individual author’s rights of almost 100,000 image creators. We represent painters, sculptors, architects, ceramicists, photographers, illustrators, graphic designers, industrial designers and gold- and silversmiths at home and abroad. From Jan Schoonhoven to Salvador Dalí, from Gerrit Rietveld to Man Ray. Any visual creator can join Pictoright. The legal heirs of the creator or corporate entities such as foundations or art collectives can also call on our services.

Pictoright knows the market better than anyone and has good agreements with publishers, broadcasters, museums, companies, public bodies and advertising agencies. For a small charge we protect your author’s rights without you having to worry about it. You can sign up with us using this registration form: Pictoright-aansluitformulier-compleet

Contribution
The contribution for managing your individual rights is € 46 per year. The contribution for corporate entities is € 90 per year. You will receive a contribution invoice from Pictoright annually in May; the amount will be automatically debited from your account. There is a € 5 surcharge if you want to pay the contribution yourself.

Collection
Fees for individual rights are levied after a report of use from Pictoright, its sister organisations, the user or the artist themselves. In most cases this involves use with permission. This may be because a user has asked for permission to use particular works in advance. There is also an increasing number of users who have concluded an agreement with Pictoright. These include publishers of newspapers, art books and magazines. They often have prior permission. These users report the use of works of art on a regular basis and enable Pictoright to check all publications. When a use has been noted, the author’s royalty is collected from the user.

Distribution
Collected individual royalties are distributed to those registered with Pictoright four times a year following the end of each quarter. 25% of the royalties are retained.

Resale rights

Resale right entitles you, the creator of an original work of art, to receive a small percentage of the sale price when your work is resold. Pictoright can collect these rights for you.

What are the terms and conditions?
* Resale right only applies when an original artwork is resold and thus have no bearing on the first sale
* An art market professional must be involved in the sale as either buyer, seller of intermediary. This professional is responsible for payment of the resale royalty
* The resale price must be at least € 3.000
* The artist must be an EU national, or a national of Iceland, Liechtenstein or Norway, or must be a permanent resident of the Netherlands.

A membership for your resale rights only is free! You can sign up with this form: Pictoright-aansluitformulier-volgrecht

Collective rights

Are your photographs, illustrations or works of art shown in books, magazines or newspapers or depicted on television? Did you know that money is collected for lending and copying images and for distributing images via cable? Because it is not practical to collect these royalties individually, this is done collectively, after which they are distributed by Pictoright amongst those who are entitled to them. All you have to do is register in order to qualify for that money. A membership for collective rights is free!
Through mijnpictoright.nl you can log your contributions to the various media online. At the end of the year you will receive a statement from us of the royalties which we will be paying out to you.

What are the 4 collective royalties?

1. Lending royalty
Public libraries pay a royalty to the Stichting Leenrecht (Lending Right Foundation) for all the books, magazines, CDs and DVDs that they lend out. Pictoright distributes these lending royalties amongst the entitled image creators. That is done on the basis of the number of times that a work is lent out and the number of images per publication.

2. Remunerations for collective rights
This consists of 3 remunerations: Reprographic, Reader and Clippings remunerations. Reprographic remuneration: There is often extensive photocopying within companies and organisations. Under the ‘Regeling Reprorecht Bedrijfsleven’ (Businesses Repro Royalty Scheme) all companies which operate in the Netherlands and have the use of a photocopier must pay a fixed fee based on the number of employees and the sector in which the company operates. Pictoright distributes this money amongst the visual creators who register. This is done on the basis of the nature of the publications in which your images are published. Reader remuneration: The readers which universities and colleges compile for their students often contain all sorts of chapters and paragraphs from books, magazines and newspapers which have been published previously. An annual royalty is calculated on the basis of the average use, and is paid out by Pictoright to the image creators who qualify.

3. Home copying royalty
The selling price of every blank CD, DVD, PC, HDD-Drive, smartphone, MP3 player or settopbox includes a royalty for the makers of the programmes, texts and images which the consumer copies onto those media at home. Stichting de Thuiskopie (Home Copying Foundation) passes on to Pictoright the share intended for visual creators, and Pictoright distributes it to those who have registered.

4. Cable and television royalty
Many television programmes – talk shows, game shows, documentaries – depict artworks or image material. The cable companies are required to pay an annual royalty for transmitting these broadcasts via the cable. The public broadcasters also pay royalties for this. Pictoright distributes this money at the request of those who have submitted a list of their work which has been shown on television.

Registering for collective royalties

If you would like to claim the collective royalties, please complete the registration form for collective rights: Pictoright-aansluitformulier-collectieve-rechten. As soon as we have processed it, we will send you an e-mail with log-in details in order to be able to report online.

Procedure
To qualify for collective royalties you must submit an annual report of published work yourself. You can report digitally throughout the year by logging on to mijnpictoright.nl. With your own log-in details you can see on the summary which publications we are already aware of. You can also enter contributions for the current year.

Payment
The payment rounds (allocations) take place in December. This is done in two parts: first the books, magazines and newspapers, and then TV reports. AVDM and Books Abroad follow at another time of the year. A second allocation round often follows in March or April of the following year which incorporates corrections and supplementary information about the previous years.