The Artist’s Resale Right

Derogation for Deceased Artists Consultation

The Government is launching a new consultation concerned with the Artist’s Resale Right.

Resale right was introduced into the UK in 2006 when Directive 2001/84/EC was implemented. Resale right allows artists and their heirs to receive a small royalty each time one of their works is resold whilst that work is in copyright. The UK currently uses a derogation in the Directive so the right only applies in the UK to works by living artists. This derogation will expire on 1 January 2010 unless the UK Government seeks a further two year extension in accordance with the terms of the Directive.

The UK-IPO is seeking views on whether to maintain the existing derogation for a further two years until 1 January 2012 or to allow the derogation to lapse and for works by artists who are deceased, but are still protected by copyright, to be eligible for resale right.

The Artist’s Resale Right: Derogation for Deceased Artists Consultation launches today, 30 June 2008 and closes on 22 September 2008.

Comments may be sent by post, e-mail or fax to;

The Artist’s Resale Right Consultation
Copyright and Intellectual Property Enforcement Directorate
UK Intellectual Property Office
Concept House
Cardiff Road
Newport
NP10 8QQ