Intellectual Property Office
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Artist's resale rights: The derogation for deceased artists

Artist's resale rights: The derogation for deceased artists

UK INTELLECTUAL PROPERTY OFFICE News Release issued by The Government News Network on 30 June 2008

The UK Intellectual Property Office has today launched a consultation to assess the likely impact of Artist's Resale Right and the derogation for deceased artists on the UK art market.

The consultation will seek views from art market professionals, artists, representatives from collecting societies and successors in title to deceased artists on whether to maintain the existing derogation, which applies to works by a living artist for a further two years until 1st January 2012, or to allow the derogation to lapse. If the derogation is allowed to lapse works by deceased artists which are still in copyright will become eligible for resale right. If the Government decides it is necessary to extend the derogation it has to make a case to the European Commission by the end of this year.

Ian Fletcher, Chief Executive of the UK Intellectual Property Office said,

"It is important for the UK to have in place systems that benefit both the UK art market and its artists. I would encourage all those who are interested to respond to the consultation."

The consultation closes on 30 September 2008.

Editor notes:

* Artist's resale right came into force in the United Kingdom (UK) on 14 February 2006. It was brought in to enact Directive 2001/84/EC. This right entitles authors of original works of art (including for example paintings, engravings, sculpture, ceramics) to a royalty each time one of their works is resold in a sale involving an art market professional.

* The right only applies to sales for E1,000 or more and is calculated on a sliding scale. The maximum royalty payable on any single sale is E12,500.

* The royalty is subject to compulsory collective management so artists cannot claim their royalty independently but must receive it through a collecting society.

* At this stage the artist's resale right only applies to works created by artists who are still living. From 2010 the right will also apply to works created by artists who have been dead for less than 70 years. This would result in a significant number of additional sales qualifying for payment.

* The consultation document can be viewed and downloaded at:

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