Artist's resale right

Artist's resale right came into force in the United Kingdom (UK) on 14 February 2006. 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 €1,000 or more and is calculated on a sliding scale (see below table). The maximum royalty payable on any single sale is €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.

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.  If the derogation is not extended after 2010 the right will be extended to cover sales of works which are still in copyright; that is the author has been dead for less than 70 years.

The Intellectual Property Office has sought 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 was launched on 30 June 2008 and closed on 22 September 2008.

The consultation document (971Kb) and a full summary of responses (29Kb) to the consultation are available for viewing.

A press release announcing that the UK Government has notified the European Commission that it intends to maintain its existing derogation from resale right for the works of deceased artists for a further two years, is also available.