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Robert E. Jacka

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20111219204417-erskin_brown
there goes Erskin Brown, 2008 Intellectual Property of a Pastel Drawing by Robert E Jacka 30 X40 © 2008
Alibaba_003
As the whirled turns, 2007 Mixed Media Varies © 2007
Alibaba_002
da da box, 2007 Mixed Media Varies © 2007
Ballgame_and_then_some_016
Dia de los muertos, 2008 Installation Varies © 2008
Death_of_post_modernism_leaf_red
Three leaves by Robert E. Jacka, 2002 Acrylic 8x10 © 2002
Death_of_post_modernism_leaf
death of postmodernism, leaf, multi, 2002 Acrylic © 2002
Rhino_plastie_2
rhino plastie 1, 2009 Collage © 2009
Rihino_plastie
rhino plastie 2, 2009 Collage © 2009
Roberts_videos_and_stuff_013_006_0001
we are one peep hole, 2009 Video © 2009
Wind_mills_phote
double helix, site., 2009 Video © 2009
Post_modern
D.O.P.M. 1, 2009 Digital © 2009
P
amazing art by Robert e. Jacka, 2009 Digital © 2009
Postmodernism_7
D.O.P.M. 7, 2009 Digital © 2009
Circle_0001
Bohemian, 2009 Digital © 2009
Circle_0002
bohemian circle, 2009 Digital © 2009
Czech_it_out_002_007_0001
czech it., 2009 Digital © 2009
Clownbears_001__2_
clown bear , 2009 Acrylic 9in X 12in © 2009
Knock_down__doll
knock down dolls and circus punks, 2009 Acrylic © 2009
Recent_work_003
circus punk, 2009 Acrylic 16x20 © 2009
Papa_mao_001_001_0001
PaPa oom mow mow, 2009 Digital Prints Varies © 2009
Papa_mao_001_001_0002
PAPA OOM Mao Mao, 2009 Digital Print Varies © 2009
Papa_mao_001_003_0001
Pa Pa Ommmmm Mao Mao, 2009 Digital Print Varies © 2009
Aaba
Dia De Los Muertos, 2008 Installation Varies © 2008
3scarey_clown
Bad Clown Bad clown, 2009 Digital 8.5 X11 © 2009
2scarey_clown
bad Clown Bad clown, 2009 Digital 8.5 X 11 © 2009
Dia_de_los_muertos_2009_001
Kool, 2009 Mixed Media Vaires © 2009
Dia_de_los_muertos_2009_002
Dia de los Muertos 2009, 2009 Installation Varies © 2009
Dia_de_los_muertos_2009_003
El Shriners, 2009 Installation Varies © 2009
Dia_de_los_muertos_2009_006
Masonic grave marker, 2009 Installation Varies © 2009
Scarey_clown
Your're Creeping me out., 2009 Digital 8.5 X 11 © 2009
Dia_de_los_muertos_2009_005
could have been mine., 2009 Installation Varies © 2009
20110206142427-165326_182536665105366_143755488983484_601502_7023807_nclowns
clown mural pasadena chalk, 2009 Chalk 8ft by 8ft © 2009
20110206142711-deo_des
book and table dia de los muertos, 2010 Installation Varies © 2010
20110206142850-dio_show
people writing thoughts about family, 2010 Installation Varies © 2010
20110206143037-entry
page from book, written by viewers, 2010 Drawing 8 X11 © 2010
20110206143233-68767_446314859732_89497344732_4834489_8365253_n
mousie, 2010 Chalk Varies © 2010
20110206143438-lil_pusskins
lil pusskins, 2011 Digital Photo 8 X 11 © 2011
20111219203457-a_small_color_face
little erskin, 2011 Mixed Water Media © 2011
20111219203707-chalk_2011
age, 2011 Pastel Varies © 2011
20111219203953-erksin_3
Contemplation of the finer things in life. Pastel 15 X 18 © 2010
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20150311193115-imag0018
Dan dan the shoe store man heeling the world one sole at a time, 2015 Digital Photo Varies © 2015
20150311193552-man_in_your_face_edited
prima face', 3915 Pastel © 2015
20150311193707-more_recent_video_clips_1113_060
prima face'2, 2015 Mixed Media © 2015
20150311193707-more_recent_video_clips_1113_058
prima face'3, 2015 Pastel © 2015
20150311193714-more_recent_video_clips_1113_061
prima face'4, 2013 Water Color © 2013
20150311193722-more_recent_video_clips_1113_062
Robert E. Jacka, 2015 Water Color © 2015
20150311193724-more_recent_video_clips_1113_051
Robert E. Jacka, 2015 Water Color © 2015
20150311193731-more_recent_video_clips_1113_053
Robert E. Jacka, 2015 Water Color © 2015
20150311193732-more_recent_video_clips_1113_052
Robert E. Jacka, 2015 Water Color © 2015
20150311193737-more_recent_video_clips_1113_054
Robert E. Jacka, 2015 Mixed Media © 2015
20150311193739-more_recent_video_clips_1113_056
Robert E. Jacka, 2015 Mixed Media © 2015
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falling leaves, 2015 Acrylic
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Robert E. Jacka, 2015 Mixed Media © 2015
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Robert E. Jacka, 2015 Digital Photo © 2015
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Robert E. Jacka, 2015 Digital Photo © 2015
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tree surgeon, 2015 Found Sculpture © 2015
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tree surgeon other view, 2015 Asseblage © 2015
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Robert E. Jacka, 2015 Painting © 2015
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Robert E. Jacka, 2015 Painting © 2015
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Quick Facts
Birthplace
Loma Linda CA
Birth year
1961
Lives in
San Bernardino
Works in
San Bernardino
Schools
cal state fullerton, 1983, BA
Cal State San Bernardino, 1997, cred
Representing galleries
Huntington Beach Art Museum
Tags
arts-education mixed-media video-art, collective, publication, non-profit installation, abstract, figurative, sculpture, performance, conceptual, photography, digital, graffiti/street-art, exhibition/performance
Art work and intellectual property that are represented on this site are under the sole ownership of Robert E.Jacka

Love to make art Love to teach art, i suppose i should have some prophetic statement but ......all i got was this blog. Please use the the name Robert e. Jacka when searching there seems to be a bus load of S.H. who think that they can do what ever they hell they want.

The California Resale Royalty Act provides that, with a few exceptions, the seller must pay the artist (or a deceased artist's estate or heirs) five percent of that resale price. Certain sales by an art dealer will not generate a resale royalty.

When the seller, gallery or auction house cannot find the artist, the royalty payments are sent to the California Arts Council to distribute to the artists, if it can find them. Monies where the artists cannot be found are used for Art in Public Places.

It is impossible to determine precisely how many royalties have been paid and how many have not because distributions are often made directly from the seller to the artist, bypassing the CAC. Although some sellers, either out of lack of awareness or intransigence, have failed to pay resale royalties which were owed to artists, countless artists have successfully collected resale royalties ranging from $50 to several thousand dollars. Nevertheless, it is clear that compliance will improve as more sellers learn the circumstances under which they must collect and transfer the resale royalty to the artist or the CAC and as more artists understand this law and become willing to assert their rights.

 

seller's obligation

 

Download the Seller's Guide to the California Resale Royalty Act here.

The California Resale Royalty Act (California Civil Code section 986) requires a seller of art in the secondary market to pay a resale royalty to the artist under certain circumstances. This California law is unique in the United States, although it is a well-established legal right in some other countries and is being considered for adoption by many more. The right of artists to share in the appreciated value of their works when resold is important both in principle and in dollars. This flyer is meant to help orient sellers to the law, but is not a substitute for reading the full Code.

This form may be used to remit royalties to the California Arts Council.

 

case studies

 

For example, in 1981, when Ghiradelli Square in San Francisco was sold, artist Ruth Asawa was paid a $5,000 resale royalty. That sum represented five percent of the appraised value of the fountain she created some years earlier which had been sold along with the rest of Ghiradelli Square. Another interesting case involved Sacramento artist Jack Nielsen. His sculpture was part of an office complex whose owner went bankrupt. When the real estate, including his sculpture, was sold in foreclosure, Nielsen sued claiming that, although the office complex had declined in value, the sculpture he created had appreciated from $30,000 to $125,000 and he was entitled to a resale royalty. He won.


 

staff contact


Patricia Milich
916.322.6385
patty.milich@arts.ca.gov

circumstances generating a royalty payment

 

Under California Civil Code Section 986, an artist shall be entitled to a royalty upon the resale of his/her work of art provided that:

  • The artist at the time of the sale is a United States citizen or has been a California resident for at least two years.
  • The seller resides in California or the sale takes place in California.
  • The work is an original painting, drawing, sculpture or original work of art in glass.
  • The work is sold by the seller for more money than she or he paid.
  • The work is sold for a gross price of more than $1,000 or is exchanged for one or more works of art or for a combination of cash, other property, and one or more works of fine art with a fair market value of more than $1,000.
  • The work is sold during the artist's lifetime or within 20 years of the artist's death.

At the same time, however, the Resale Royalty Act does not apply if:

  • The sale is the initial sale of the work and the legal title of the work at the time of such initial sale is vested in the artist.
  • The resale of fine art is by an art dealer to a purchaser within 10 years after the initial sale by the artist to an art dealer, provided that all intervening sales are between art dealers.
  • The sale consists of a work of stained glass artistry permanently attached to real property and it was sold as part of the sale of the real property to which it was attached.

 

 

recommendations to artists

 

Artists should attempt to maintain current records of the location of their works of art. Of course, this is invaluable when artists wish to assemble their art for the retrospective, but it may also help artists learn of the resale of any of their art.

Please be aware that artists have a legal right to know the name(s) of the buyers of their works, even if the works are or were consigned to a gallery at that initial sale. (See the California Penal Code, Section 536.)

To start this tracking at the initial sale of a work, it is always good to include in the contract between the artist and gallery a phrase such as "The gallery agrees to provide the artist the name and contact information of the purchaser." Artists selling their own work directly may wish to stipulate to the purchasers "If the purchaser subsequently sells the piece, the purchaser agrees to notify the artist." And, of course, provide your full contact information.

When the transfer or sale information is obtained, artists may wish to write the new owners to ask for notification of when, or if, the piece is sold subsequently. When sold, the buyer turned seller may be willing to give the artist the second buyer's contact information, allowing for the tracking process to continue.

To help track sales, the artist may wish to subscribe to auction houses' announcements of sales of their type of work. Many times upcoming sale information is posted on the internet as well.

Artists should periodically Google their names in quotations with the word, "art" or "artist." For example, the Google search would be for: "John Doe" artist. Doing so may help the artist track sales information on gallery or auction websites, which sometimes record sale dates and prices. Artists may then contact the gallery or auction house to verify that a resale royalty check is being sent, if a royalty is triggered under the circumstances of the sale.

In addition, artists should check with the website, FindArtInfo.com . Here artists may use the searchable database to find out about sales of their works. There are some other similar sites as well. Most require subscriptions to access the information needed to follow up with the seller, auction house or gallery.

 

legal help for artists

It should also be useful for artists to know that the California Resale Royalty Act entitles an artist to recover reasonable attorney's fees if a successful lawsuit is brought to recover the resale royalty. Most often, a letter from a lawyer advising the seller of the law's application is sufficient to assure payment of the resale royalty. If the artist does not have a good lawyer, the artist is invited to contact the California Lawyers for the Arts (CLA) , a statewide nonprofit organization, which among other services can provide a referral to a lawyer. For more information, contact one of the CLA offices:

  • San Francisco (415/775-7200)
  • Santa Monica (310/998-5590)
  • Sacramento (916/442-6210)

 

 

Artists are encouraged to assert their rights under the California Resale Royalty Act. The information on this page is not to be construed as legal advice. Please consult your attorney for legal advice.