Artists to get portion of resale value under new law

ARTISTS will be paid a percentage from the resale of their work, as long as they are alive, under a new law to be introduced by the Government.

Under an EU Directive from 2001, the Government was legally bound to pass this legislation, called droite de suite or the artist’s resale right, by January 1, 2006.

However, as the Government didn’t introduce the legislation on time, as required, they left themselves open to legal action by Irish artists.

Artist Robert Ballagh is currently suing the Government over the resale of one of his works.

The law, signed by Trade Minister Michael Ahern, comes into effect from June 13 this year.

This opens the possibility of other artists suing the State because the law does not cover the resale of work from January 1 this year, as the EU Directive demands.

Now that the scheme is operational, artists will be able to get up to 5% of the value of any work that is sold by art dealers or auctioneers above €3,000 in value.

There is a ceiling of €12,500 on what they can be paid.

The scheme terminates with the death of the artist, and has been criticised by artists for disinheriting their heirs.

Under the Europe-wide scheme, whoever sells the work must pay the artist royalties.

The artist is further entitled to access information on the sale of their work — a right which they did not have previously.

The introduction of the artists’ resale right forms part of a Government overhaul of the area of copyright law in general.