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UK Government: The Artist's Resale Right: The Derogation for Deceased
Artists
(M2 PressWIRE Via Acquire Media NewsEdge)
RDATE:11112008
The UK Intellectual Property Office consultation to assess the likely
impact of Artist's Resale Right and the derogation for deceased artists
on the UK art market closed on 29 September after a week's extension to
accommodate late responses.
The consultation sought views 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.
There were some 400 responses to the consultation from a wide variety
of interests. Ian Fletcher, Chief Executive to the UK Intellectual
Property Office said "I am delighted that we have received such a large
number of responses to this consultation. I would like to thank
everyone who has taken the time to respond and assure them that we will
consider the responses carefully."
The UK Intellectual Property Office has done some initial analysis and
around 90% answered no to the first question in the consultation, which
was "Should the UK maintain the derogation for an additional 2 years?"
All of the artists and artists' estates who expressed an opinion on the
derogation have said that they thought that it should be allowed to
lapse. All bar two of the, often detailed, responses from the art trade
were in support of extending the derogation until 2012.
Two UK collecting societies for resale right, supported by some of
their overseas counterparts, argued that the derogation should be
allowed to lapse. Several UK collecting societies and representatives
of other rights made submissions saying that the derogation should be
allowed to lapse in order that resale right is brought into line with
the other types of copyright.
The UK Intellectual Property Office will now be analysing in detail all
of the responses. 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.
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 Euro 1,000 or more and is
calculated on a sliding scale. The maximum royalty payable on any
single sale is Euro 12,500.
* 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 on this
website.
CONTACT: Dave Hopkins, UK Intellectual Property Office
Tel: +44 (0)1633 814 140
((M2 Communications Ltd disclaims all liability for information
provided within M2 PressWIRE. Data supplied by named party/parties.
Further information on M2 PressWIRE can be obtained at
http://www.presswire.net on the world wide web. Inquiries to
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Copyright ? 2008 M2 Communications Ltd.
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