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Artist’s Resale Rights
This report examines in detail both the costs and benefits of the right for both the UK art market and its artists. The right was introduced in 2006, as the result of a European Directive. At the time there were concerns the new right would increase costs for the art industry.
The report indicates that the right has not had a significant impact on the art trade but there may be some difficulties with the way the system is running. Indeed in the last year the art market in the UK has flourished.
Minister for Intellectual Property Baroness Delyth Morgan said, 'This is an important piece of work and I am pleased to publish its findings. I am pleased that the UK art market continues to thrive. However, it is important that we do all we can to ensure its continued success. The UK-IPO will launch a consultation in the Summer aimed at ensuring that we maintain a system that allows the art market to succeed; this is beneficial to both the trade and our artists who can only receive resale royalty payments if there is a market selling their work.'
The right currently applies to works created by artists who are living. From 2010 the right will also apply to works created by artists who have been dead for less than 70 years. The consultation will look at the possibility of continuing to exclude deceased artists until 2012.
In January 2008 an alternative report was released independently with an analysis of the impact of resale royalty on the art market: Toby Froschauer, January 2008, The impact of Artist Resale Rights on the art market in the United Kingdom, Antiques Trade Gazette.
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