Reviewed 21 October 2009

UK extends the derogation on Artists Resale Right for two years

In 2008, the UK Government notified the European Commission that it intended to maintain its existing derogation from resale right for the works of deceased artists for a further two years. The instrument that extended this derogation was laid today and will come into effect on the 1 December 2009.

Resale right entitles authors of original works of art, such as paintings, engravings, sculpture and ceramics, to receive a royalty each time one of their works is resold in a sale involving an art market professional.

The decision to extend the derogation comes after consultation with a wide range of stakeholders including artists and traders.

Ministers decided that the current economic climate would accentuate the difficulty the art market would face when coping with the application of artist’s resale right to the works of deceased artists.

This extension to the derogation will apply until January 2012. The extension means that in the UK, resale right will apply to works by living artists only until 1st January 2012.

Editor's notes

  • Artist's resale right came into force in the United Kingdom (UK) on 14 February 2006. It was brought in to implement Directive 2001/84/EC. 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. 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.
  • A derogation to artist’s resale right for works by deceased artists was available to countries that did not have resale right when the Directive entered into force. It could only be used until January 2010 with an extension until January 2012 provided certain procedures were followed.
  • The UK applied the derogation and therefore artist’s resale right only applies to works created by artists who are still living. The extension of this derogation means that in the UK, resale right continues to only apply to living artists until 1 January 2012.
  • The original consultation document PDF document(971Kb) and a full summary of responses PDF document(29Kb) to the consultation are available.
  • The letter to the European Commission PDF document(1013Kb) is available.
  • For enquiries about the Intellectual Property Office please contact James Thomson Tel: +44(0)20 7034 2847.

Date of release: 21 October 2009