An EU Directive (2001/84/EC) was passed in 2001 which obliged all EU states to introduce the Artists Resale Right, along broadly similar lines, by January 1st 2006. The Irish government failed to introduce the Right on time despite the five year lead in period. This unnacceptable delay led the chairperson of IVARO, Robert Ballagh, to take a case against the State for loss of earnings, forcing the government to bring forward Resale Regulations for the benefit of artists.
On 13 June 2006 Minister Michael Martin introduced Statutory Instrument No. 312 of 2006, with the intention that this would provide a temporary mechanism to allow for the collection of the artists resale right in advance of full implementation through primary legislation.
The Artists Resale Right (ARR) has been in operation in Ireland since that date. The regulations entitle living artists to receive a royalty each time their work is resold by an auction house, gallery or art dealer for 3,000 euros or more.
One of IVARO’s aims is to educate and inform artists, art market professionals and the public about the resale right through it’s website, through the media and through seminars and workshops. The first such seminar took place on the15th of November 2007 and brought together artists, art market professionals, government and legal representatives. The guest speakers were Simon Stokes, author of ‘Art and Copyright’ and ‘The Artists Resale Right: Law and Practice’ and Ian Whyte, Managing Director of Whyte’s Art Auction House. The seminar was very successful in highlighting the need for the art market and artists (and their representatives) to work together to ensure that the government brings forward fuller legislation on the resale right as soon as possible.
Campaign
Ireland is one of just a few EU Member States that do not currently provide a post mortem Resale Right. The EU Directive required all member states to apply the Right to works authored by deceased artists from 1st Jan 2010. However the Directive permitted member states to delay implementation for two further years until 2012 if more time is required for the market to adjust to the existence of the Right.
Since 2005 IVARO has campaigned for the Right to be implemented for the beneficiaries of deceased artists. Like writers of books and composers of music, artists are entitled to decide who should benefit from their resale royalties following their death.
The Irish Intellectual Property Unit opened a consultation to assess the likely impact of the ARR and the derogation for deceased artists on the Irish art market. IVARO launched a successful post card campaign to encourage artists and their beneficiaries to have their voices heard in the consultation process. Despite this the IPU decided to back the art market profession and have delayed the implementation until 2012. IVARO will continue to lobby the government on this issue and has prepared submissions for the Department of Enterprise Trade and Employment.
Apart from extending the ARR to artists’ heirs, IVARO is also campaigning for the threshold from which the right applies be reduced from €3,000 to €1,000 so that a greater number of artists can benefit from this right.
Have Your Say
If you are interested in assisting with this campaign please consider writing a letter to your TD or the Minister for the Department of Enterprise Trade and Innovation. You could use the letter below or write your own.
Dear Minister,
The Artists Resale Right was always intended to benefit the heirs of an artist after his or her death. It creates equality between visual artists and creators of other copyright works – all of whom are entitled to a royalty for up to 70 years after death. As the Irish Visual Artists Rights Organisation is now successfully collecting the Resale Right on behalf of Irish artists, there is no reason why the government should seek to delay the granting of the right to heirs.
Apart from extending the right to artist’s heirs, can I ask that you support Irish artists by bringing forward legislation in which the threshold for payment of the Resale Right is reduced to a maximum of 1,000 euros so that a greater number of artists can benefit from this right.
Advocacy
Background
An EU Directive (2001/84/EC) was passed in 2001 which obliged all EU states to introduce the Artists Resale Right, along broadly similar lines, by January 1st 2006. The Irish government failed to introduce the Right on time despite the five year lead in period. This unnacceptable delay led the chairperson of IVARO, Robert Ballagh, to take a case against the State for loss of earnings, forcing the government to bring forward Resale Regulations for the benefit of artists.
On 13 June 2006 Minister Michael Martin introduced Statutory Instrument No. 312 of 2006, with the intention that this would provide a temporary mechanism to allow for the collection of the artists resale right in advance of full implementation through primary legislation.
The Artists Resale Right (ARR) has been in operation in Ireland since that date. The regulations entitle living artists to receive a royalty each time their work is resold by an auction house, gallery or art dealer for 3,000 euros or more.
One of IVARO’s aims is to educate and inform artists, art market professionals and the public about the resale right through it’s website, through the media and through seminars and workshops. The first such seminar took place on the15th of November 2007 and brought together artists, art market professionals, government and legal representatives. The guest speakers were Simon Stokes, author of ‘Art and Copyright’ and ‘The Artists Resale Right: Law and Practice’ and Ian Whyte, Managing Director of Whyte’s Art Auction House. The seminar was very successful in highlighting the need for the art market and artists (and their representatives) to work together to ensure that the government brings forward fuller legislation on the resale right as soon as possible.
Campaign
Ireland is one of just a few EU Member States that do not currently provide a post mortem Resale Right. The EU Directive required all member states to apply the Right to works authored by deceased artists from 1st Jan 2010. However the Directive permitted member states to delay implementation for two further years until 2012 if more time is required for the market to adjust to the existence of the Right.
Since 2005 IVARO has campaigned for the Right to be implemented for the beneficiaries of deceased artists. Like writers of books and composers of music, artists are entitled to decide who should benefit from their resale royalties following their death.
The Irish Intellectual Property Unit opened a consultation to assess the likely impact of the ARR and the derogation for deceased artists on the Irish art market. IVARO launched a successful post card campaign to encourage artists and their beneficiaries to have their voices heard in the consultation process. Despite this the IPU decided to back the art market profession and have delayed the implementation until 2012. IVARO will continue to lobby the government on this issue and has prepared submissions for the Department of Enterprise Trade and Employment.
Apart from extending the ARR to artists’ heirs, IVARO is also campaigning for the threshold from which the right applies be reduced from €3,000 to €1,000 so that a greater number of artists can benefit from this right.
Have Your Say
If you are interested in assisting with this campaign please consider writing a letter to your TD or the Minister for the Department of Enterprise Trade and Innovation. You could use the letter below or write your own.
Dear Minister,
The Artists Resale Right was always intended to benefit the heirs of an artist after his or her death. It creates equality between visual artists and creators of other copyright works – all of whom are entitled to a royalty for up to 70 years after death. As the Irish Visual Artists Rights Organisation is now successfully collecting the Resale Right on behalf of Irish artists, there is no reason why the government should seek to delay the granting of the right to heirs.
Apart from extending the right to artist’s heirs, can I ask that you support Irish artists by bringing forward legislation in which the threshold for payment of the Resale Right is reduced to a maximum of 1,000 euros so that a greater number of artists can benefit from this right.
Signed:
Visual Artist.
Address: