Contents

02 Message from the Chairman 03 Chief Executive’s Report 04 Beyond Royalties 06 Payback 08 Copyright Licensing 11 Artist’s Profile 12 Money Paid to Artists 14 Artist’s Resale Right 16 The Creators’ Council 18 Board of Directors 19 Financial Report 20 Independent Auditors’ Statement 21 Financial Accounts Step by Step by Christian Furr 23 DACS Team © Christian Furr. All rights reserved, DACS 2008 24 Company Information 26 Members’ Charter

DACS 33 Great Sutton Street EC1V 0DX T +44 (0)20 7336 8811 F +44 (0)20 7336 8822 E [email protected] Annual Review 2007/08 www.dacs.org.uk

be evaluated at least least at evaluated be Board the by annually The effectiveness of the will Charter Members’ to Directors.Changes of the Members’ Charter will only be made with the of consent the Council. Creators’ Review and evaluation

At each stage of the complaints If we do not perform to your your to perform not do from we If hear to want we by complaint satisfaction, your make can You following by you. letter or email telephone, procedure:this Step 1: Address your communication to the complaints officer. our with Step 2: dissatisfied remain us you let If complaint, your to response know so that we can refer the matter to our Chief Executive. Step 3: In the event that you continue to know us let remain dissatisfied with our please response complaint, to your matter to the refer can we will that so which Directors, of Board our investigate the matter further. investigate will we procedure, and thoroughly you complaint to the respond will and working objectively ten within comprehensively standards days of receivingthe your complaint. We maintain to strive will set out in the complaints procedure. the However, in the event thatwithin we respond to unable are timescales we will let you know without delay.

Accountability

As well as reflecting this in this reflecting as well As A Creators’ Council will Opportunities to apply ensuring that the interests of of DACS is committed to interests the that ensuring understood are Members our and reflected throughout the organisation. of Board the of constitution the comprise will which Directors, substantialrepresentation from the visual creators’ community, DACS will consultthe a Creators’ that ensure to Council and views, interestsheard and concernsare creators visual of this that and comprehended guides and informs perspective strategic and governance the direction of DACS. to designed is which exist give genuine influence on the decisionand making process social the as well as cultural policy of DACS. With a maximum places, of 18 the Creators’ Council will include at least three Creator Members designed be and DACS of of diversity the reflect to artistic stakeholders. It will be operatedto in suchway a thatfree are participants its development the on comment of services,is benefitsDACS and ensuring activities, genuinely informed and guided itsby artistic constituency. The Creators’ Council shall have the power to make bound recommendations be to the Board, shall Board the which to consider. of Board the on seat a for Directors and/or to participate thein Creators’ Council will DACS the on advertised be the to brought and website attention of Members through targetedcommunications (such as a newsletter). Consultation

The rates of commission will be The rates of commission will be DACS will continue to publish and We will provide fair a and simple treat you with courtesy, respect and consideration at all times identify ourselves name by when we communicate with you and listen and respondefficiency, appropriately with ourselves conduct integrity and fairness As a not-for-profit organisation, DACS DACS organisation, not-for-profit sufficient a only As retaining to committed is levels of commission to facilitate the ongoing viability of the organisation. agreed the by Board of Directors and will be reviewed at least annually. annual our in published transparently report on royalty distribution rules, changes procedures and results.any This will beand available will freely commission of rate the the to in communicated specifically be Membership in a timely manner. to and report annual its available make post updates on its work and news on its website, www.dacs.org.uk. –  –  – We will constantly review and update and our servicesefficiency and strive for continuousquality, in improvement effectiveness. cost procedure for you to usein order to express dissatisfaction about any aspect of the service you receive. Our staff will: Transparency

We recognise the fact fact the recognise We inclusive be will We In everything we do, DACS will be: – Inclusive Professional – Transparent – Consultative – – Accountable the embrace will We range possible widest of visual creators and irrespective heirs, their or experience, type, of commercial success. that visual creators may choose different ways of defining themselvesthan and more in practice may discipline. one respectingby equality and opportunity of barriers eliminating membership. to We will provide services possible highest the of Members standard. consistent receive will standards of service. Our aims Inclusiveness Professionalism

This Members’ Charter sets sets Charter Members’ This our enshrine to is purpose Its This Members’ Charter will be DACS is a not-for-profit not-for-profit a is DACS organisationmembershipwhich the in exists to promote and protectcreators the visual of copyright UK and worldwide. out the principlesthe governingand DACS of our membership you, that service of standards Members, can expect from us. that ensuring you, to DACS commitment what of aware fully out are set to you and delivering be to fail should we if redress of means a commitments. our meet directors and staff all by observed at DACS. Members’ Charter

Members’ Charter

DACS: A Year in the Life Be Happy by Eileen Cooper © Eileen Cooper 2008. All Rights Reserved, DACS DACS Annual Health Check royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made payments 2008 Payback visual and artists to made creators International at DACS Conference Law Copyright royalty Right Resale Artist’s payments are made

–  – DACS Roadshow, Liverpool – – – – –

Nov Dec Cheney Puppet Master, Master, Puppet Cheney 2003 by Andy Davey © Andy Davey 2008 UK Government closes closes Government UK the into consultation public Artist’s the of extension artists’ for Right Resale beneficiaries and heirs DACS Roadshow,London royalty Right Resale Artist’s payments are made - Black Simon at opens Reflections The Kowalsky Gallery 2008 Payback campaigndeadline royalty Right Resale Artist’s payments are made – – –  – – – – Sep Oct

UK Government launches public consultation into Artist’s of extension the Resale Right for artists beneficiaries and heirs Launch of Payback 2008 at opens Ups Mash The Kowalsky Gallery DACS Roadshow,Bristol royalty Right Resale Artist’s payments are made royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made –  –  – –  – – – July Aug

Mash Ups window painting © Nicky Carvell & Stuart Semple 2008

DACS attends The Confederation International of Authors and Composers (CISAC) Societies conference,Rome The International Council Plastic and Graphic for Photographers and Artists (CIAGP) conference, Tokyo with seminar DACS London it, Own royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made –  –  – – –

Jun Writers’ Guild of Great Great of Guild evening’ Writers’ writers ‘new Britain at the Kowalsky Gallery royalty Right Resale Artist’s payments are made DACS Roadshow, Roadshow, DACS Newcastle Report Royalties DACS published royalty Right Resale Artist’s payments are made DACS submits report to the consultation Review in Gowers copyright of future the on the digital age DACS contributes to Artist’s Resale Right debate inAustralia Romance opens at The Kowalsky Gallery Fair Book London at DACS royalty Right Resale Artist’s payments are made – – – – – – – –  –  –  – – Mar Apr May

All rights reserved, DACS Giant Chickens and Wildebeests by Magnus Irvin 2008. Irvin Magnus ©

DACS submits report report submits DACS to UK Government’s post-implementation post-implementation review of the Artist’s Resale Right legislation Artist’s Resale Right Right Resale Artist’s celebrates its second million £4.2 birthday, collected for artists royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made Artist’s Resale royalty royalty Resale Artist’s payments are made – – – – – – – – –

Jan. Feb

in thein Life DACS: A Year Year A DACS: Welcome 1

Hello and welcome to the DACS Annual Review 2007-08. This last year has seen a number of achievements at DACS, including a record £8.4 million collected for artists through our three services for visual artists: Payback, Copyright Licensing and the Artist’s Resale Right. Read all about it and more, inside.

Contents

02 Message from the Chairman 03 Chief Executive’s Report 04 Beyond Royalties 06 Payback 08 Copyright Licensing 11 Artist’s Profile 12 Money Paid to Artists 14 Artist’s Resale Right 16 The Creators’ Council 18 Board of Directors 19 Financial Report 20 Independent Auditors’ Statement 21 Financial Accounts 23 DACS Team 24 Company Information 26 Members’ Charter Message from the Chairman 2 Chief Executive’s Report 3

Yet again DACS is breaking records. In 2007 we Our Artist’s Resale Right recorded our strongest performance in our history – service has gone from we generated £8.4 million on behalf of artists which strength to strength. DACS is an increase of 44% on the previous year. has collected £6.6 million Our three rights management services continue to prosper. Payback remains in the two years that artists DACS is accountable to the many thousands of artists whom it serves. One of our most popular service providing a convenient way for visual creators to in the UK have been entitled the ways in which it exercises this accountability is to hold itself up for scrutiny receive their share of royalties generated through various licensing schemes. to receive the royalty. by the Creators’ Council, the consultative body that represents the interests In 2008, our improved efficiency means that we have been able to reduce our of our members. Last November, the Council gave DACS its first Annual administration charges to visual creators using this service from 25% to 24%. Health Check to measure our performance against our Members’ Charter. Our Artist’s Resale Right service has gone from strength to strength. DACS has collected The Council’s expert responses have helped us to develop and refine our £6.6 million in the two years that artists in the UK have been entitled to receive the royalty. services during 2008 and ensure we continue to give artists the highest The Government’s post-implementation report has found that there is no evidence that the standard of service. Right has caused any harm to the UK market for art. We are now campaigning to ensure that The majority of artists struggle to earn a living from their art and the money artists are able to bequeath their Right so that family members or a favourite charity can benefit generated by their rights and collected by DACS is essential in helping artists from the royalties after their death. The UK Government is set to make a decision at the end of Andrew Potter Chairman thrive. But the other services offered by DACS are just as important to this year as to whether to implement this provision in 2010 or delay until 2012. our members. Our longest established service is Copyright Licensing. We overhauled Our free copyright advice service is more popular than ever and this year we have expanded this service last year and we are starting to see our changes improve life for the service in response to demand. Since opening in 2006, The Kowalsky Gallery has developed the many customers using this service. Artists are benefiting too; this year, a great reputation for exciting and exceptionally diverse exhibitions, showcasing work by artists we have increased the frequency of our payments so that those artists using and creators who use our services. this service will receive their royalties four, rather than two, times per year. DACS prides itself on ensuring that the Board which is responsible for This is the eighth annual review I have written as Chief Executive governing the organisation continues to be diverse, committed and expert. at DACS. It is a task I always enjoy as we have every reason to be proud I welcome Conor Kelly and Matthew Flowers who were recently appointed as of what we have done and we can look forward with great optimism to what new Directors. Conor brings his insight and experience as an artist working in we have yet to do. It is particularly satisfying to be able to write this, in what film and multi-media and in Matthew we gain the benefit of one of the UK’s is going to be my last report as Chief Executive. In January 2009, I will be leading dealers in contemporary art. We must also pay tribute to Rosie Russon leaving the UK to spearhead the campaign for the Artist’s Resale Right in and Simon Black who both served on the Board of Directors before their untimely Australia and New Zealand. Departing DACS after eight incredibly happy deaths this year. Both passionate proponents of creators’ rights, Rosie was an years is going to be wrench but I am very excited about the opportunity to accomplished designer and painter who played a central role in setting up work on behalf of artists in Australia and New Zealand. The Artist’s Resale The majority of the Creators’ Council. Simon, whose paintings captured everyday life will Right is hugely important not least for indigenous artists, many of whom artists struggle to be celebrated in a retrospective exhibition hosted by the Kowalsky Gallery continue to be poorly paid for their work despite its current popularity in October. throughout the world. earn a living from Finally, DACS bids farewell to our Chief Executive, Joanna Cave. I would like to take this opportunity to pay tribute to the staff team: they DACS was a small, relatively obscure organisation when Joanna joined us are magnificent people who make DACS work brilliantly. I would also like to their art and the Joanna Cave in 2000. She has successfully transformed it and many thousands of artists, Chief Executive acknowledge the Board of Directors who have proved so visionary. Finally, money generated designers and photographers have every reason to be grateful to Joanna for thank you to artists everywhere. I will always value the opportunity I had to by their rights her hard-won achievements on their behalf. work on your behalf for a cause I believe in so passionately. It is an honour At DACS Joanna has developed an exemplary balance of value, and a privilege to have been part of your DACS success story. and collected transparency and integrity. She leaves DACS in great shape, doing a brilliant by DACS is job on behalf of its members. I, the Board and everyone at DACS will miss her greatly, both professionally and personally and wish her all the very best essential in helping in her new role. artists thrive. Beyond Royalties 4 5

Choose DACS and enjoy many benefits:

Exhibit at The Kowalsky Gallery Through signing up to one of our three services, you are immediately eligible to take part in our exciting and diverse exhibition programme. Recent and forthcoming exhibitions include:

Romance 2 April – 6 June Celebrating the season of spring in a leap year with works by 32 DACS members including Sir Peter Blake, Rose Hilton, Tom Phillips RA, Shani Rhys James, Anthony Wishaw RA and more.

Mash Ups: Post Pop Fragments and Détournements 16 July – 19 September Brit artist Stuart Semple tackles the concept of the visual Mash Up in his first curated show in London. Featuring Nicky Carvell, Stuart Semple, Adham Faramawy, Nathan James and Piers Secunda.

Simon Black – Reflections From A Humument: 17 October – 19 December By Way of Vienna by Tom Phillips © Tom Phillips 2008 A celebration of the life and work of artist Simon Black All rights reserved, DACS (17.03.58 – 03.03.08).

DACS regularly hosts a range of events within the gallery including performances and poetry readings in collaboration with the Writers’ Guild of Great Britain, artist talks and seminars as well as special late night exhibition openings as part of First Thursdays, an initiative promoting galleries in East London.

Above: Free copyright advice The Unexpected End of the Misfit by Nathan James If you are a DACS Copyright Licensing and/or Artist’s Resale Right © Nathan James 2008

service user you are entitled to free advice on copyright and related rights. Left: T. 0845 555 1199 (local rates apply) Cyclists: Battle of Six Mile Bottom, 2004 by Simon Black Monday/Tuesday 10:00am – 1:00pm, Wednesday 2:00pm – 5:00pm © The Estate of Simon Black All Rights Reserved, DACS Campaigning for your rights DACS fought hard to make sure that the Artist’s Resale Right legislation was fairly implemented in the UK in February 2006. We are now campaigning on your behalf to ensure that you are able to bequeath your Artist’s Resale Right to family and loved ones. The UK Government is set to make a decision in December 2008. We regularly participate in public consultation papers which affect your rights such as the Gowers Review of Intellectual Property and the UK Government’s post implementation review of the Artist’s Resale Right. Visit www.dacs.org.uk to read our submissions. Payback 6 7

Payback royalties come from a range of collective licensing Every visual creator deserves Payback schemes including: DACS’ annual Payback service pays thousands of artists, photographers, – photocopying books and illustrators and many other visual creators a share of revenue generated magazines in the work place through collective licensing. – slides created for Collective licensing is used in situations where it would be difficult or near educational use impossible for you as a creator to license your rights on an individual basis. – recording TV and radio For example, when a university wishes to photocopy pages of a book which programmes in schools, features your work. Each year we report on the record breaking success of Payback and colleges or universities the 2007 campaign was no exception. Last year we paid over £3 million in – simultaneous cable royalties to 12,734 artists and visual creators who made successful claims. re-transmission of UK As the number of claimants increases so too does the popularity of terrestrial broadcasts. Payback online – over 75% of claims were made using our online facility. To be able to make a successful Payback claim, your work must have featured in a UK book, magazine or included in a programme broadcast on terrestrial UK television. In 2007, DACS retained a 25% share of the revenue we received in order to cover our administration costs. Looking ahead, Payback 2008 is set to be another fruitful year with successful claimants sharing over £3 million in royalties. Behind the scenes the Payback team has been working on system improvements to ensure that you continue to get the most from this service: – We are reducing our administration charge from 25% to 24% which means more money for you. – Our charges will be clearly stated on your claim Collective Royalties form and royalty statement. Paid to Artists (£s) – If you claim through an agent they will need to provide us with evidence to show that they are authorised to collect royalties on your behalf. – You will be able to claim for BBC digital transmissions for . If your claim is successful we will be offering you the opportunity to become a DACS Payback member. Details will be sent to successful claimants in December 2008. 2005 2,673,000 2007 3,011,000 2007 2003 556,000 2004 2,254,000 2006 2,287,000 © Johanna Parkin 2008 Copyright Licensing 8 9

Far left: Self-Portrait in profile, 1958 by Marcel Duchamp In 2007, DACS paid © Succession Marcel Duchamp/ADAGP, Paris and DACS, London more than 1,000 UK and international Left: Fountain, 1917 (detail) by Marcel Duchamp artists (and their © Succession Marcel Duchamp/ADAGP, Paris and DACS, London representatives) almost £700,000 in royalties.

Portrait for the poster ‘Knigi’, 1924 by Alexander Rodchenko © DACS 2008 © Rochenko Archives

Copyright Licensing Royalties From silk scarves to film sets Significant Licenses Most licensed artists Paid to Artists (£s) DACS has been successfully selling copyright licenses on behalf of our Exhibitions Television Top 10 UK Top 10 Foreign members since we first opened our doors 24 years ago and we now Royal Academy of Arts BBC members members represent over 50,000 UK and international artists for this service. From Russia, various artists – The Art of Spain, various artists Francis Bacon Pablo Picasso By appointing DACS to manage your copyright licensing needs, you can Tate – Private Life of a Masterpiece, Eduardo Paolozzi Andy Warhol be assured that your work is legally licensed, fairly paid for and its integrity Duchamp, Man Ray, Picabia various artists Richard Hamilton Edvard Munch respected. In 2007, DACS paid more than 1,000 UK and international artists Courtauld Institute of Art – Dan Cruickshank, Adventures in Jack B Yeats Wassily Kandinsky (and their representatives) almost £700,000 in royalties. We continue to Camden Town Nudes, Walter Sickert Architecture, Christoph Wetzel Peter Blake Salvador Dali charge 25% on UK royalties and 10% on overseas royalties to cover our British Museum Fulmar Television & Film Walter Sickert Le Corbusier administration costs. American Scene, Robert Gwathmey – Masterpieces of Vienna, Glynis Owen Roy Lichtenstein Each month we receive over 100 license applications from publishers, Tate Liverpool Oskar Kokoschka Gwen John Joan Miró museums, TV companies and many other organisations looking to license The Twentieth Century; ITN Ben Nicholson René Magritte works of art. Uses range from greetings cards to film sets and websites How it looked & how it felt, various artists – Richest People in the World, Erté Henri Matisse to silk scarves and much more. In 2007 we received over 2,000 requests The Hayward, Southbank Centre Andy Warhol 2003 814,000 2004 877,000 2005 823,000 2006 803,000 695,0002007 which is a substantial increase from 2006. Alexander Rodchenko: Revolution DACS’ review of the Copyright Licensing service in 2007 and its in Photography Books subsequent overhaul has increased our overall efficiency. This is good news Wood Lea Press for DACS Copyright Licensing members. From February 2008 you can now Advertising – Ravilious Engravings enjoy more frequent royalty payments as we increase our payment routine Madame Tussauds Laurence King Publishing from two to four times a year. – Display panels for the Wax work – Art Past & Art Present, of Joseph Beuys various artists Brown Referencing Group – Encyclopaedia of Visual Arts, various artists Artist’s Profile 11

Georgia Fiennes

I grew up between London and Boston, USA due to the nature of my father’s job. As a result I started my painting degree at Boston University and finished it in Bristol. I am now based in a studio in the Gasworks in Fulham, London where I have been for four years. My studio is 200sq feet situated in between the gargantuan old gas cylinders that are dotted around the Gasworks complex, they make for rather an interesting setting. I work in oil on very fine canvas as I like the smooth quality. I travel round the country gathering images of animals, cows, pigs, giraffes, hedgehogs. I can often be found in a field in Wiltshire or Sussex surrounded by Gloucester Old Spots or a herd of unassuming cattle. At the moment I am stuck in an ‘animals in porcelain’ phase but I am about to start painting a new collection for a solo show in spring 2009.

All my works contain an animal of some sort, which is where the composition begins. I then determine a complementary accessory be it a chandelier, a pair of heels, a piano or a pair of earrings. I like to put my animals in situations that they have never been in before. I am often inspired by the curious contents of the antique shops that surround the area I work in. I would say I am most inspired by the work of John Currin, Paula Rego and Wayne Thiebaud.

I first heard about DACS from a family friend who suggested I join and in 2007 I exhibited in New to DACS at the Kowalsky Gallery. By being a member of DACS I feel my work is protected. Artists are not always brilliant at the practicalities of marketing or safeguarding their work. It is reassuring to be happy in the knowledge that you are being looked out for.

Facing page: Pug in black by Georgia Fiennes

Right: Hippoccino by Georgia Fiennes

Far right: Pianoo by Georgia Fiennes All works © Georgia Fiennes 2008 All Rights Reserved, DACS 12

Money Paid to Artists 2007 by DACS £6.1m

2005 £3.5m

Pamela Anderson and Inspired by Magnus Irvin Paul Robeson: Unification Cake Pamela Anderson and by Magnus Irvin © Magnus Irvin 2008 Paul Robeson Unification Cake All Rights Reserved, DACS Victoria sponge and sugar icing. Featured in the Romance exhibition at the Kowalsky Gallery in April 2008.

2004 £3.1m 2006 £4.5m

2003 £1.4m Artist’s Resale Right 14 15

The new kid on the block

The Artist’s Resale Right entitles living artists to receive a royalty each time their work is bought or sold by an auction house, art dealer or gallery. Since the introduction of the law on 14th February 2006, over 2,000 artists have now chosen DACS to collect their resale royalties. To date we have collected over £6.6 million royalties and paid almost 1,500 artists. By choosing DACS, you can enjoy such benefits as access to a dedicated copyright advice line and the collection of your resale royalties from overseas. You can learn more about the Artist’s Resale Right by visiting one of our DACS Roadshows which take place in cities across the UK. As well as providing advice to artists, we also meet with dealers and auctioneers to discuss the legislation and discuss any queries they might have. In the last

After Lunch, 1975 year, we have visited Penzance, Newcastle, Bristol and London and more by Patrick Caulfield are planned for the coming months. © The Estate of Patrick Caulfield. All rights reserved, We pay artists within 30 days of collecting resale royalties. Our administration charge on royalties DACS 2008 collected in the UK remains 15%. We continue to levy no administration charge on royalties collected through our network of overseas collecting societies, on the basis that these organisations will have deducted their own charge. We also collect on behalf of artists who do not join another collecting society. Despite fears expressed by opponents to the resale right, the Government’s post-implementation report confirms that the resale right is and continues to be a success. DACS is now campaigning to ensure that artists can bequeath their Artist’s Resale Right Right to family members and loved ones after their death. A decision is expected August 2007 – August 2008 at the end of this year about whether this Right will be implemented here in the Number UK in 2010 at the earliest. of artists £ paid to receiving artists/ Month Payment month Aug 2007 195 £144,117 Sep 2007 144 £299,207 Oct 2007 172 £409,397 Nov 2007 167 £165,122 Dec 2007 203 £317,023 Jan 2008 149 £214,417 Your Sadness is Drunk, 2001–2006 by Zarina Bhimji Feb 2008 117 £74,849 © Zarina Bhimji 2008 Mar 2008 194 £214,491 All rights reserved, DACS Apr 2008 92 £53,582 May 2008 371 £856,747 Jun 2008 109 £127,460 Jul 2008 184 £388,221 Aug 2008 279 £348,435 The Creators’ Council 16 17

The Creators’ Keeping DACS in check 1 4 7 Council act as the The Creators’ Council is a dynamic forum of visual creators who ensure that everything we do represents your interests. The Council act as advisers, guardians of DACS’ share their experiences and debate with us as well as providing a sounding board for new ideas. Members’ Charter. Most importantly they are here to act as the guardians of our Members’ Charter - the document which sets out the standards you can expect from us (see page 26). Each year the Council reviews our performance against this charter, the first of these, the DACS Health Check, was held in November 2007. You are invited to join DACS and the Creators’ Council at 2 5 8 our next Health Check in November. This promises to be an afternoon of lively discussion and debate about issues which affect your rights. Details about this event will be sent to you in the coming weeks. We are now recruiting for additional members to join the Creators’ Council. If you think you have what it takes, then contact Tania Spriggens at DACS on 020 7336 8811 or [email protected].

3 6

1 Derek Brazell, a regular Payback claimant, 4 Tom Phillips CBE RA is a painter, printmaker, 7 Rosie Russon was a designer and painter, is an illustrator known for a successful range composer and writer. Tom is a Copyright who for many years worked in theatre, film and of children’s books. He also works closely with Licensing and Artist’s Resale Right member. television designing costume and accessories, other illustrators through his position at the a subject she also lectured in at the University Association of Illustrators. 5 Shani Rhys James MBE is a painter and of Birmingham. Before her untimely death in Above: automata/sculptor who has received many September 2008, Rosie played a central role Suzy by Nicholas Sinclair © Nicholas Sinclair 2 Peter Dazeley is a London based award awards for her work including an MBE for in setting up the Creators’ Council. She also All rights reserved, DACS 2008 winning fine art and advertising photographer. services to art in Wales and The Jerwood served on the DACS Board from 2000-2008. Right: He is a regular Payback claimant. Painting Prize. Shani is a Copyright Licensing Winterhead and Artist’s Resale Right member. 8 Nicholas Sinclair is a fine art photographer by Shani Rhys James © Shani Rhys James 3 Henry Lydiate is a creative arts business who is a Copyright Licensing member for his All rights reserved, DACS 2008 consultant, founding partner of The Henry 6 Stuart Semple currently lives and works own work and also as the beneficiary of his Lydiate Partnership, and Visiting Professor in in London and . He has exhibited Godfather, the late Sir Kyffin Williams RA. Art Law at the University of the Arts London. worldwide in both solo and group exhibitions, Nicholas is also an Artist’s Resale Right member. He joined the DACS board in 2001. and featured in biennales in Mexico, Liverpool and Sao Paulo. Stuart is an Artist’s Resale Right member. Board of Directors 18 Financial Report 19

In 2007 our financial performance exceeded We also successfully concluded a large 1 4 7 expectations, and our turnover rose by 44% number of copyright infringement cases to £8.4m compared to £5.8m in 2006. on behalf of our members. The Revenue from the Artist’s Resale In our next phase of development, we Right accounted for £3.5m of DACS seek to consolidate the achievements and turnover in 2007. successes to date, and to continue to strive for This success can be measured by the excellent, cost-effective services which deliver amounts we are able to pay to visual creators. payments to artists from all revenue sources. In 2007, DACS achieved a record amount As always, the successes in 2007 owe payable to visual creators of £6.7m across all much to our dedicated staff and Board of our revenue-generating services. This figure Directors who share a passion and a vision amounts to an increase of 48% as against of the way in which DACS can work for the £4.5m payable to visual creators in 2006. greatest benefit of the artists and visual 2 5 8 The strong performance this year creators on whose behalf we are honoured means we now have financial reserves of to work. £797k, which is equivalent to six months’ operating costs, a reserve level which is generally considered to be a prudent minimum requirement. We have vigorously pursued our strategic objectives and have achieved meaningful results for artists and visual John Charles Robinson creators in the UK and overseas. Company Secretary Following a full review of our approved by the Directors on 30 April 2008 transactional copyright licensing service 3 6 9 in 2007, we experienced a significant improvement compared with 2006. The full effects of the review are still to be felt, and we are confident that we will see revenue for artists from this source continue to increase. Our collective licensing receipts were substantially higher than budgeted revenue, largely because of improved performance in the area of reprographic licensing. In addition, we concluded some outstanding agreements for the simultaneous retransmission of UK 1 Matthew Flowers 4 Conor Kelly 7 Rosie Russon terrestrial channel broadcasts by cable Matthew is a contemporary art dealer. Conor joined the DACS Board in 2007. Rosie served on the DACS Board for eight and satellite in Ireland which resulted in As Managing Director of Angela Flowers He is an artist and musician based in London years until her untimely death this year. a significant royalty payment for artists. Gallery plc, he oversees three art galleries known for his sound installations and music. She was a designer and painter, who worked located in London and . Matthew in film, TV and theatre. She was also a member joined the DACS board in 2008. 5 Henry Lydiate of the Creators’ Council. Henry is a creative arts business consultant, 2 Sue Gollifer founding partner of The Henry Lydiate 8 Simon Stern Sue is an artist, an academic, a curator Partnership, and Visiting Professor in Art Law Simon is an illustrator and a trained mediator. and a leading authority of the use of new at the University of the Arts London. He joined He is a patron of the Association of Illustrators technologies in Fine Art practice. Sue is the DACS board in 2001. where he also advises members on legal also a member of DACS. problems. He joined the Board in 1992. 6 Andrew Potter 3 Antony Gostyn Andrew joined the Board as Chair in 2005. 9 Gwen Thomas Antony is a solicitor at Swan Turton. He has Prior to this he was Chair of the Performing Gwen is Executive Director of Business been a member of the Board since 2004 Right Society and the MCPS-PRS and Legal Affairs of the Association of and has been involved with DACS since Alliance and Publishing Director at Oxford Photographers (AOP). She joined the its inception. University Press. DACS Board at the beginning of 2000. Independent Auditors’ Statement 20 Financial Accounts 21

We have examined the summary financial Basis of Opinion Note Summary Income & Expenditure Account statements of the Design and Artists We conducted our work in accordance with The summarised financial information may Year ended 31 December 2007 Copyright Society set out on page 21. Bulletin 1999/6 ‘The Auditors’ Statement on not contain sufficient detail to allow for 2007 2006 the Summary Financial Statement’ issued by a full understanding of the Design and £ £ Respective responsibilities of directors the Auditing Practices Board. Our report on Artists Copyright Society’s financial affairs. Turnover 8,370,739 5,779,509 and auditors the company’s full annual financial statements For further information and the full annual Amounts payable to artists (6,680,062) (4,476,481) The directors are responsible for preparing describes the basis of our audit opinion on financial statements, the Auditors report on the summarised annual report in accordance those financial statements. those financial statements and the Directors Gross Surplus 1,690,677 1,303,028 with applicable law. report should be consulted. Copies of these Administrative expenses (1,674,425) (1,444,956) Our responsibility is to report to you our Opinion can be obtained from Other operating income 6,898 1,011 opinion on the consistency of the summary In our opinion the summary financial statement financial statement within the summarised is consistent with the full annual accounts Company Secretary Operating Surplus/(Deficit) 23,150 (140,917) annual report with the full annual accounts, and the Directors’ Report of Design and Design and Artists Copyright Society Interest receivable 359,542 230,667 the Directors’ Report and its compliance with Artists Copyright Society for the year ended 33 Great Sutton Street the relevant requirements of Section 251 of 31 December 2007 and complies with the London EC1V 0DX Surplus on Ordinary Activities Before Taxation 382,692 89,750 the Companies Act 1985 and the regulations applicable requirements of Section 251 of Tax on surplus on ordinary activities (119,100) (19,463) made thereunder. the Companies Act 1985, and the regulations We also read the other information thereunder. We have not considered the effect Surplus for the Financial Year 263,592 70,287 contained in the summarised annual report and of any events between the date on which we Balance brought forward 533,907 463,620 consider the implications for our report if we signed our report on the full annual financial Balance carried forward 797,499 533,907 become aware of any apparent misstatements statements 2 June 2008 and the date of or material inconsistencies with the summary this statement. financial statement. Summary Balance Sheet as at 31 December 2007 Lubbock Fine Registered Auditors Fixed Assets Russell Bedford House Tangible assets 199,151 236,989 City Forum, 250 City Road Current Assets London EC1V 2QQ Debtors 780,636 382,631 Date: 15 October 2008 Cash at bank 5,320,992 4,845,571 6,101,628 5,228,202

Creditors: Amounts falling due within one year 4,544,487 3,973,815 Net Current Assets 1,557,141 1,254,387 Total Assets less current liabilities 1,756,292 1,491,376

Creditors: Amounts falling due after more than one year 940,709 939,385 815,583 551,991 Provisions for liabilities Deferred taxation 18,084 18,084 797,499 533,907 Reserves

Income and expenditure account 797,499 533,907 Member’s Funds 797,499 533,907 DACS Team 23

Joanna Cave Chief Executive Amy Knights Accounts Executive Janet Tod Gallery Manager Above: Vicky Cole Licensing Manager Ian Matthews Royalties Executive Jenny Ward Royalties Executive Hum to Mon Hannah Coles Human Resources Manager Emma Mee Licensing Executive Laura Ward-Ure Licensing Executive by Anna Ellerington © Anna Ellerington 2008 Sarah Cook Artist’s Resale Right Administrator Joanne Milmoe Communications Officer Nicolas Watkins-Wright Payback Manager Christine Couldwell Licensing Administrator Anna Monro Licensing Executive Emily Williams Office Administrator Right: Meet the People, 1972 Anna Maree Day Royalties Executive Daniel Rudd Artist’s Resale Right Executive Christian Zimmermann by Eduardo Paolozzi Helen Dutta Copyright Adviser Ekta Shah Accounts Executive Legal & Enforcement Officer © The estate of Eduardo Paolozzi, 2007 Liane Jobson PA to Chief Executive Joy Stanley Copyright Membership Executive Muna Zuberi Office Administrator All Rights Reserved DACS Mohamed Khan Finance Project Manager Priya Sundram Artist’s Resale Right Cassandra King Licensing Administrator Administrator (Part time) Company Information 24

Company Secretary Affiliations John Robinson DACS is mandated by the following Our artists are represented Auditors visual creator organisations: across the world: Lubbock Fine Chartered Accountants – Association of Illustrators Australia – Association of Photographers Austria Registered Auditors – Broadcasting Entertainment Belgium Russell Bedford House Cinematograph and Theatre Union Brazil City Forum – British Institute of Canada 250 City Road Professional Photography Denmark London EC1V 2QQ – British National Committee of the Estonia International Association of Art Finland Registered Office – Cartoonists Club of Great Britain France 33 Great Sutton Street – Comic Creators Guild Germany London – Chartered Institute of Journalists Greece EC1V 0DX – Guild of Railway Artists Hungary – Institute of Medical and Italy Registered Company No.1780482 Dental Illustrators Japan – National Union of Journalists Korea Bankers – Royal Society of British Sculptors Latvia The Royal Bank of Scotland plc – Society of Architectural and Lithuania 62-63 Threadneedle Street Industrial Illustrators Mexico London The Netherlands EC2R 8LA Norway Portugal Standard Life Bank Limited Russia Conference Square Slovakia Edinburgh South Africa EH3 8RA Spain Sweden Switzerland United States of America

Step by Step by Christian Furr Credits © Christian Furr. All rights reserved, DACS 2008 Front cover Moona Lisa by Nick Walker © Nick Walker 2008 All rights reserved, DACS DACS Team (excl. Joanna Cave) © David Barrett/ Photoshot 2008 Joanna Cave © Matt Stuart 2008 Board of Directors (excl. Rosie Russon) © David Barrett/ Photoshot 2008 Rosie Russon © Mark Thompson 2008 Art Direction & Design © 300million

be evaluated at least least at evaluated be Board the by annually The effectiveness of the will Charter Members’ to Directors.Changes of the Members’ Charter will only be made with the of consent the Council. Creators’ Review and evaluation

At each stage of the complaints If we do not perform to your your to perform not do from we If hear to want we by complaint satisfaction, your make can You following by you. letter or email telephone, procedure:this Step 1: Address your communication to the complaints officer. our with Step 2: dissatisfied remain us you let If complaint, your to response know so that we can refer the matter to our Chief Executive. Step 3: In the event that you continue to know us let remain dissatisfied with our please response complaint, to your matter to the refer can we will that so which Directors, of Board our investigate the matter further. investigate will we procedure, and thoroughly you complaint to the respond will and working objectively ten within comprehensively standards days of receivingthe your complaint. We maintain to strive will set out in the complaints procedure. the However, in the event thatwithin we respond to unable are timescales we will let you know without delay.

Accountability

As well as reflecting this in this reflecting as well As A Creators’ Council will Opportunities to apply ensuring that the interests of of DACS is committed to interests the that ensuring understood are Members our and reflected throughout the organisation. of Board the of constitution the comprise will which Directors, substantialrepresentation from the visual creators’ community, DACS will consultthe a Creators’ that ensure to Council and views, interestsheard and concernsare creators visual of this that and comprehended guides and informs perspective strategic and governance the direction of DACS. to designed is which exist give genuine influence on the decisionand making process social the as well as cultural policy of DACS. With a maximum places, of 18 the Creators’ Council will include at least three Creator Members designed be and DACS of of diversity the reflect to artistic stakeholders. It will be operatedto in suchway a thatfree are participants its development the on comment of services,is benefitsDACS and ensuring activities, genuinely informed and guided itsby artistic constituency. The Creators’ Council shall have the power to make bound recommendations be to the Board, shall Board the which to consider. of Board the on seat a for Directors and/or to participate thein Creators’ Council will DACS the on advertised be the to brought and website attention of Members through targetedcommunications (such as a newsletter). Consultation

The rates of commission will be The rates of commission will be DACS will continue to publish and We will provide fair a and simple treat you with courtesy, respect and consideration at all times identify ourselves name by when we communicate with you and listen and respondefficiency, appropriately with ourselves conduct integrity and fairness As a not-for-profit organisation, DACS DACS organisation, not-for-profit sufficient a only As retaining to committed is levels of commission to facilitate the ongoing viability of the organisation. agreed the by Board of Directors and will be reviewed at least annually. annual our in published transparently report on royalty distribution rules, changes procedures and results.any This will beand available will freely commission of rate the the to in communicated specifically be Membership in a timely manner. to and report annual its available make post updates on its work and news on its website, www.dacs.org.uk. –  –  – We will constantly review and update and our servicesefficiency and strive for continuousquality, in improvement effectiveness. cost procedure for you to usein order to express dissatisfaction about any aspect of the service you receive. Our staff will: Transparency

We recognise the fact fact the recognise We inclusive be will We In everything we do, DACS will be: – Inclusive Professional – Transparent – Consultative – – Accountable the embrace will We range possible widest of visual creators and irrespective heirs, their or experience, type, of commercial success. that visual creators may choose different ways of defining themselvesthan and more in practice may discipline. one respectingby equality and opportunity of barriers eliminating membership. to We will provide services possible highest the of Members standard. consistent receive will standards of service. Our aims Inclusiveness Professionalism

This Members’ Charter sets sets Charter Members’ This our enshrine to is purpose Its This Members’ Charter will be DACS is a not-for-profit not-for-profit a is DACS organisationmembershipwhich the in exists to promote and protectcreators the visual of copyright UK and worldwide. out the principlesthe governingand DACS of our membership you, that service of standards Members, can expect from us. that ensuring you, to DACS commitment what of aware fully out are set to you and delivering be to fail should we if redress of means a commitments. our meet directors and staff all by observed at DACS. Members’ Charter

Members’ Charter

DACS: A Year in the Life Be Happy by Eileen Cooper © Eileen Cooper 2008. All Rights Reserved, DACS DACS Annual Health Check royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made payments 2008 Payback visual and artists to made creators International at DACS Conference Law Copyright royalty Right Resale Artist’s payments are made

–  – DACS Roadshow, Liverpool – – – – –

Nov Dec Cheney Puppet Master, Master, Puppet Cheney 2003 by Andy Davey © Andy Davey 2008 UK Government closes closes Government UK the into consultation public Artist’s the of extension artists’ for Right Resale beneficiaries and heirs DACS Roadshow,London royalty Right Resale Artist’s payments are made - Black Simon at opens Reflections The Kowalsky Gallery 2008 Payback campaigndeadline royalty Right Resale Artist’s payments are made – – –  – – – – Sep Oct

UK Government launches public consultation into Artist’s of extension the Resale Right for artists beneficiaries and heirs Launch of Payback 2008 at opens Ups Mash The Kowalsky Gallery DACS Roadshow,Bristol royalty Right Resale Artist’s payments are made royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made –  –  – –  – – – July Aug

Mash Ups window painting © Nicky Carvell & Stuart Semple 2008

DACS attends The Confederation International of Authors and Composers (CISAC) Societies conference,Rome The International Council Plastic and Graphic for Photographers and Artists (CIAGP) conference, Tokyo with seminar DACS London it, Own royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made –  –  – – –

Jun Writers’ Guild of Great Great of Guild evening’ Writers’ writers ‘new Britain at the Kowalsky Gallery royalty Right Resale Artist’s payments are made DACS Roadshow, Roadshow, DACS Newcastle Report Royalties DACS published royalty Right Resale Artist’s payments are made DACS submits report to the consultation Review in Gowers copyright of future the on the digital age DACS contributes to Artist’s Resale Right debate inAustralia Romance opens at The Kowalsky Gallery Fair Book London at DACS royalty Right Resale Artist’s payments are made – – – – – – – –  –  –  – – Mar Apr May

All rights reserved, DACS Giant Chickens and Wildebeests by Magnus Irvin 2008. Irvin Magnus ©

DACS submits report report submits DACS to UK Government’s post-implementation post-implementation review of the Artist’s Resale Right legislation Artist’s Resale Right Right Resale Artist’s celebrates its second million £4.2 birthday, collected for artists royalty Licensing Copyright payments are made royalty Right Resale Artist’s payments are made Artist’s Resale royalty royalty Resale Artist’s payments are made – – – – – – – – –

Jan. Feb

in thein Life DACS: A Year Year A DACS: Contents

02 Message from the Chairman 03 Chief Executive’s Report 04 Beyond Royalties 06 Payback 08 Copyright Licensing 11 Artist’s Profile 12 Money Paid to Artists 14 Artist’s Resale Right 16 The Creators’ Council 18 Board of Directors 19 Financial Report 20 Independent Auditors’ Statement 21 Financial Accounts Step by Step by Christian Furr 23 DACS Team © Christian Furr. All rights reserved, DACS 2008 24 Company Information 26 Members’ Charter

DACS 33 Great Sutton Street London EC1V 0DX T +44 (0)20 7336 8811 F +44 (0)20 7336 8822 E [email protected] Annual Review 2007/08 www.dacs.org.uk