UK-IPO Assesses The Artist's Resale Right

by Robin Pilgrim, LawAndTax-News.com, London

13 November 2008

The UK Intellectual Property Office (UK-IPO) consultation to assess the likely impact of the Artist's Resale Right and the derogation for deceased artists on the UK art market closed on September 29 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 January 1, 2012, or to allow the derogation to lapse. If the derogation is allowed to lapse, then 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, which drew comment from Ian Fletcher, Chief Executive to the UK-IPO, who stated:

"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."

Initial analysis carried out by the UK-IPO concluded that around 90% of people surveyed 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 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 stating 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-IPO will now begin its analysis of all responses given. 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.

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