Log in

CLASS 99


The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.

Want to receive Class 99 by email?
Click here subscribe for free.

Who we all are...
Blog Administrator
David Musker
Henning Hartwig
Hidde Koenraad
Krystian Maciaszek
Peter Gustav Olson
THURSDAY, 28 JULY 2011
Artist's resale right: does it benefit designers too?
The Design and Artists Copyright Society (DACS) in the United Kingdom has issued a call-to-arms in support of the full implementation in the UK of the artist's resale right, to align domestic law with that of other European Union Member States. As DACS explains on its website,
"... The Right currently allows visual artists an ongoing stake in the value of their work by paying artists a modest royalty when their works are resold through auction houses, galleries, and art dealers.

The full implementation of the Right will extend this royalty to deceased artists’ families and beneficiaries, providing desperately needed funding for managing an artist’s estate, including the costs of storage, conservation, cataloguing, research, restoration, assessment of provenance, and the identification of fakes.

Since the first stage of implementation in February 2006, DACS has paid more than 2000 artists over £12 million in resale royalties ...".
The artist's resale right was firmly aimed at artists in the traditional sense rather than designers, though Directive 2001/84 defines original works of art in Article 2:
"1. For the purposes of this Directive, "original work of art" means works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, provided they are made by the artist himself or are copies considered to be original works of art.

2. Copies of works of art covered by this Directive, which have been made in limited numbers by the artist himself or under his authority, shall be considered to be original works of art for the purposes of this Directive. Such copies will normally have been numbered, signed or otherwise duly authorised by the artist".
This does not exclude design documents and models which are subsequently used for either mass or limited production, and certainly includes work by designers which is never actually used, so the provisions of the Directive should be of interest to all sorts of designers as well as the classic artist.  This leads me to ask: do any readers know of situations in which the original work of designers has been auctioned or otherwise re-sold in circumstances which have generated a resale payment to the designer?
Posted by: Blog Administrator @ 09.45
Tags: artist's resale right,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA260

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 99 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
POST ADDRESS

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox