Copyright Law of The United Kingdom - Artists Resale Right

Artists Resale Right

In the case of artistic works, on 14 February 2006 a new intellectual property right known as artist's resale right was created in the United Kingdom, by regulations made under the European Communities Act 1972. The right subsists for as long as copyright in an artistic work subsists and means that when a qualifying sale is made that the artist who created the work being sold is entitled to a royalty on the sale. The right is not assignable and it cannot be waived. The right can be transferred only intestate or via a will and becomes bona vacantia if no heirs exist.

The right is only exercisable by a qualifying individual or a qualifying body. A qualifying individual is either an EEA national or a national of a country which is defined in Schedule 2 to the order creating the right. A qualifying body is a charity within the United Kingdom or a charity which is based with the EEA or a country defined in Schedule 2 to the order. The right only covers original works or those works where a limited number of copies have been made under the direction of the author. A sale is only regarded as a resale if the price of the work being sold is greater than 1,000 and either the seller or buyer is acting in the capacity of a professional art dealer. There is a saving provision which allows for works purchased directly from the author for under 10,000 within the last three years to not fall under the resale right. The seller is jointly liable to pay the royalty with a relevant person. The relevant person is defined as one or more of the agent of the seller, the agent of the buyer or the buyer where no agents exist. The relevant person must be a professional art dealer in order to be liable to pay the royalty. The holder of resale right on an artistic work has the right to obtain information to enable the payment of the royalty from any professional art dealers involved in the transaction when that request is made within three years of the transaction taking place. Where a sale takes place before 2010 only living authors are eligible for the royalty.