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: http://www.ipo.gov.uk/consult-artist.htm