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Why would you need a special law for this? Put it in the sales contract. Football clubs do the same when they sell a young player.
by lordnacho 4y ago
Why would you need a special law for this? Put it in the sales contract. Football clubs do the same when they sell a young player.
- AnAfrican 4y agoIn football, training club compensation is mandatory : https://www.easportslaw.com/news/training-compensation-and-solidarity-mechanism https://www.easportslaw.com/news/training-compensation-and-s... Sure, this is a FIFA regulation (and not state or EU) but let's not act like this is purely voluntary.
- dan-robertson 4y agoThere are cases where there are time limits on certain kinds of contracts. Maybe this would limit such a contract. I don’t really know though.
- axlee 4y agoBecause laws are there to fix asymmetries in negotiation power between parties. As you can imagine, artists and art collectors/galleries are not really on the same level.
- lordnacho 4y agoThat's actually reasonable. If you're eating out of tins every night you might sell your upside for a pittance. However, there's still the question of why this particular thing should have that protection. You could well stretch this and say engineers with massive student loans are equally up against the wall, and should get paid a piece if the code they write turns out to be very profitable later on. They don't all get equity in the company.
- jsdwarf 4y agoA sales contract is always a bilateral agreement between two clubs. Hence you cannot stipulate that the selling club will earn a share in ALL future sales of the player. Only a law could do that.
- singleshot_ 4y agoTrue. So lease the art, then. Also, you might consider how in the case of real estate, a restrictive covenant that runs with the land would make all your true statements open to more interpretation once the scope is expanded beyond contracts for good and services.
- AYBABTME 4y agoA clause of the sale could require that any future sale include the same set of clauses, like deeds/covenants do.
- firstlink 4y agoAllowing people to negotiate any contract term they can think of without government guidance sounds like fascism to me.