The Artist's Resale Right: The Derogation for Deceased Artists

LONDON - The UK Intellectual Property Office (UK-IPO) launched on June 30, 2008 a consultation to assess the likely impact of Artist's Resale Right and the derogation for deceased artists on the UK art market, a press release by the Office stated.

The consultation will seek views from art market professionals, artists, representatives from collecting societies and successors in title to deceased artists on whether to maintain the existing derogation, which applies to works by a living artist for a further two years until January 1st, 2012 or to allow the derogation to lapse.

If the derogation is allowed to lapse works by deceased artists which are still in copyright will become eligible for resale right. 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.

"It is important for the UK to have in place systems that benefit both the UK art market and its artists. I would encourage all those who are interested to respond to the consultation,” UK-IPO Chief Executive Ian Fletcher stated.