March 2005
The UK soon to provide for an Artist's Resale Right
A European Directive, approved in 2001, seeks to harmonise the position on the "artist's resale right" and to put artists on a more equal footing with other authors of copyright works such as writers, composers and performers, by ensuring they receive a royalty on sales of their work.
The resale royalty right "droit de suite" will give artists the legal right to receive a small share of the profits made on the second and subsequent sales of their works, during their lives and for 70 years after death. The UK Parliament will legislate to give living artists this right by 2006 and, by 2012 the right will be given to the estates of artists who have died within the previous 70 years. It will apply to "original" works of art that are protected by the law of copyright as at 1 January 2006. Original works of art are defined as "works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs" that are made by the artist himself or are copies of works of art, which have been made in limited numbers by the artist himself or under his authority. The droit de suite is unassignable and inalienable, that is, it cannot be transferred, sold or waived. This protects artists from the vulnerable position that many writers and performers find themselves in when a publisher or production company demands that they assign their copyright or waive their moral rights in a work. Furthermore, only works of a value in excess of £2,070 will be subject to the Directive and the maximum royalty an artist can receive per sale is only about £8,620.
BRIFFA Comment:
There has been much opposition to the droit de suite from the UK Government on the basis that it would seriously damage the UK (London) art market. London is the largest art market in Europe and the second largest art market in the world. Auction houses, commercial galleries and dealers are extremely worried that the droit de suite will cause a loss of business because it will force sale prices and administration costs to rise and sales will shift to either New York or Geneva, where there is no droit de suite.
Artists have mixed feelings about the scheme, some suggesting that it hardly benefits them at all, inhibits the freedom to dispose of their works as they wish and can be circumvented in any case. The UK Patent Office has launched a consultation. The responses will be interesting.