IVARO acts as an intermediate between copyright holders and copyright users to negotiate licenses, which allow for the reproduction of artists work. This is done on a case-by-case basis with the involvement of the copyright holder. IVARO facilitates the negotiation and ensures appropriate terms and conditions for copyright holders.
Reprography
Collective licensing (all visual creators)
IVARO has an agreement with the Irish Copyright Licensing Agency (ICLA) under which ICLA pays IVARO a percentage of its gross income. In return IVARO mandates ICLA to include copying (photocopying) of visual works in the licences it sells to schools, universities and businesses. RETURN is the name of the new service through which artists will be able to claim a share of the money collected through the sale of these licenses. Membership of IVARO is not necessary to claim a share of this revenue. The revenue that is collected will be distributed to rights holders once a year through our RETURN service.
Artists Resale Right
In Ireland, artists are entitled to a ‘resale royalty’ whenever their works are resold through galleries, auctions and art dealers. To qualify the artist must be living and the work of art must resell for €3,000 or more. The royalty rate starts at 4%, descending to .25% as the price of the work increases.
The resale right was introduced under an EU Directive, however, only the essential elements of the Directive have been transposed into Irish law with full implementation due at a later stage. The current regulations, which came into effect on June 13th 2006, do not provide for compulsory collection of royalties or for extension of the right to the heirs of deceased artists. IVARO has been campaigning to have this unsatisfactory situation changed. Please see our Advocacy section for further details.
IVARO is collecting and distributing the artist’s resale right on behalf of members. IVARO will continue to monitor auctions and sales of Irish art, it will inform artists of relevant sales, it will request information and payments from art market professionals regarding sales of mandated artists. We distribute 85% of the sums collected back to the appropriate artists. 15% is retained to cover the administration costs of this service.
Additional Services
Reciprocal Rights Agreements with foreign collecting societies:
The same principals described above apply internationally. IVARO will continue to negotiate and establish bilateral agreements with international visual artists collecting societies. Through these reciprocal rights agreements, IVARO will collect for Irish artists royalties due to them for reproduction and resale of their works in other countries.
Promoting copyright compliance:
Provision of copyright advice service
Holding discussions with copyright users groups
Providing press releases to the media on relevant issues affecting artists
Education of our own members
Advocating to Government:
Making submissions on the forthcoming Intellectual Property Bill to the Department of Tourism, Culture and Sport and the Department of Enterprise, Trade and Innovation and meeting with the respective Ministers to represent the rights of artists. In particular this will focus on elements of the artists resale right legislation such as the threshold; rights of heirs; compulsory collective management; and better right to information for artists.
Representing artists in negotiations:
Meeting with representatives of the Irish Auctioneers and Valuers Institute (IAVI) and relevant galleries to discuss methods of best practice for collection of resale royalties.
Representing interests of Irish artists at international level:
IVARO staff attend conferences and working group meetings held internationally to promote the concerns of Irish visual creators and to work on their behalf.
What do we do?
Reproduction Rights
Primary Licensing (IVARO members only)
IVARO acts as an intermediate between copyright holders and copyright users to negotiate licenses, which allow for the reproduction of artists work. This is done on a case-by-case basis with the involvement of the copyright holder. IVARO facilitates the negotiation and ensures appropriate terms and conditions for copyright holders.
Reprography
Collective licensing (all visual creators)
IVARO has an agreement with the Irish Copyright Licensing Agency (ICLA) under which ICLA pays IVARO a percentage of its gross income. In return IVARO mandates ICLA to include copying (photocopying) of visual works in the licences it sells to schools, universities and businesses. RETURN is the name of the new service through which artists will be able to claim a share of the money collected through the sale of these licenses. Membership of IVARO is not necessary to claim a share of this revenue. The revenue that is collected will be distributed to rights holders once a year through our RETURN service.
Artists Resale Right
In Ireland, artists are entitled to a ‘resale royalty’ whenever their works are resold through galleries, auctions and art dealers. To qualify the artist must be living and the work of art must resell for €3,000 or more. The royalty rate starts at 4%, descending to .25% as the price of the work increases.
The resale right was introduced under an EU Directive, however, only the essential elements of the Directive have been transposed into Irish law with full implementation due at a later stage. The current regulations, which came into effect on June 13th 2006, do not provide for compulsory collection of royalties or for extension of the right to the heirs of deceased artists. IVARO has been campaigning to have this unsatisfactory situation changed. Please see our Advocacy section for further details.
IVARO is collecting and distributing the artist’s resale right on behalf of members. IVARO will continue to monitor auctions and sales of Irish art, it will inform artists of relevant sales, it will request information and payments from art market professionals regarding sales of mandated artists. We distribute 85% of the sums collected back to the appropriate artists. 15% is retained to cover the administration costs of this service.
Additional Services
Reciprocal Rights Agreements with foreign collecting societies:
The same principals described above apply internationally. IVARO will continue to negotiate and establish bilateral agreements with international visual artists collecting societies. Through these reciprocal rights agreements, IVARO will collect for Irish artists royalties due to them for reproduction and resale of their works in other countries.
Promoting copyright compliance:
Provision of copyright advice service
Holding discussions with copyright users groups
Providing press releases to the media on relevant issues affecting artists
Education of our own members
Advocating to Government:
Making submissions on the forthcoming Intellectual Property Bill to the Department of Tourism, Culture and Sport and the Department of Enterprise, Trade and Innovation and meeting with the respective Ministers to represent the rights of artists. In particular this will focus on elements of the artists resale right legislation such as the threshold; rights of heirs; compulsory collective management; and better right to information for artists.
Representing artists in negotiations:
Meeting with representatives of the Irish Auctioneers and Valuers Institute (IAVI) and relevant galleries to discuss methods of best practice for collection of resale royalties.
Representing interests of Irish artists at international level:
IVARO staff attend conferences and working group meetings held internationally to promote the concerns of Irish visual creators and to work on their behalf.