Artist’s Resale Right Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/346 |
2006 No. 346
INTELLECTUAL PROPERTY
ARTISTS
The Artist's Resale Right Regulations 2006
13thFebruary 2006
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to the right of artists to receive a payment on the sale of their works2.
A draft of this instrument was laid before Parliament in accordance with paragraph 2(2) of Schedule 2 to that Act and approved by a resolution of each House of Parliament.
Accordingly the Secretary of State, in exercise of the powers conferred upon him by section 2(2) of that Act, makes the following Regulations:
Citation, commencement and extent
1.-
(1) These Regulations may be cited as the Artist's Resale Right Regulations 2006 and shall come into force on the day after the day on which they are made.
(2) These Regulations extend to the whole of the United Kingdom.
Interpretation
2.In these Regulations-
"author", in relation to a work, means the person who creates it;
"collecting society" has the meaning given in regulation 14(5);
"contract date", in relation to a sale, means the time at which the contract of sale was made (and "contract of sale" has the meaning given in section 2 of the Sale of Goods Act 19793);
"copyright" has the meaning given in section 1 of the Copyright, Designs and Patents Act 19884;
"EEA state" means a member State, Iceland, Liechtenstein or Norway;
"qualifying body" has the meaning given in regulation 7(4);
"qualifying individual" has the meaning given in regulation 10(3);
"resale" is to be construed in accordance with regulation 12;
"resale right" has the meaning given in regulation 3 (and, unless the context otherwise requires, includes a share in resale right);
"resale royalty" has the meaning given in regulation 3;
"sale" has the meaning given in section 2 of the Sale of Goods Act 1979;
"sale price" has the meaning given in regulation 3(4);
"trustee in bankruptcy" means, in relation to Scotland, an interim or permanent trustee appointed under the Bankruptcy (Scotland) Act 19855;
"work" has the meaning given in regulation 4;
"work of joint authorship" has the meaning given in regulation 5(4).
Artist's resale right
3.-
(1) The author of a work in which copyright subsists shall, in accordance with these Regulations, have a right ("resale right") to a royalty on any sale of the work which is a resale subsequent to the first transfer of ownership by the author ("resale royalty").
(2) Resale right in a work shall continue to subsist so long as copyright subsists in the work.
(3) The royalty shall be an amount based on the sale price which is calculated in accordance with Schedule 1.
(4) The sale price is the price obtained for the sale, net of the tax payable on the sale, and converted into euro at the European Central Bank reference rate prevailing at the contract date.
(5) For the purposes of paragraph (1), "transfer of ownership by the author" includes in particular-
(a) transmission of the work from the author by testamentary disposition, or in accordance with the rules of intestate succession;(b) disposal of the work by the author's personal representatives for the purposes of the administration of his estate; and(c) disposal of the work by an official receiver (or, in Northern Ireland, the Official Receiver for Northern Ireland) or a trustee in bankruptcy, for the purposes of the realisation of the author's estate.Works covered
4.-
(1) For the purposes of these Regulations, "work" means any work of graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware or a photograph.
(2) However, a copy of a work is not to be regarded as a work unless the copy is one of a limited number which have been made by the author or under his authority.
Joint authorship
5.-
(1) In the case of a work of joint authorship, the resale right shall belong to the authors as owners in common.
(2) The right shall be held in equal shares or in such other shares as may be agreed.
(3) Such an agreement must be in writing signed by or on behalf of each party to the agreement.
(4) "Work of joint authorship" means a work created by two or more authors.
Proof of authorship
6.-
(1) Where a name purporting to be that of the author appeared on the work when it was made, the person whose name appeared shall, unless the contrary is proved, be presumed to be the author of the work.
(2) In the case of a work alleged to be a work of joint authorship, paragraph (1) applies in relation to each person alleged to be one of the authors.
Assignment etc.
7.-
(1) Resale right is not assignable.
(2) Any charge on a resale right is void.
(3) Paragraph (1) does not prevent the transfer of a resale right which was transmitted to a qualifying body under regulation 9 (or is deemed to have been so transmitted under regulation 16), provided that the transfer is to another qualifying body.
(4) A qualifying body is a body which-
(a) is a charity within the meaning of section 96(1) of the Charities Act 19936 or section 35 of the Charities Act (Northern Ireland) 19647;(b) is a Scottish charity; or(c) is a foreign charity, and has its central administration in an EEA state or a country listed in Schedule 2.(5) In paragraph (4)-
(a) "Scottish charity" means-(i) a body entered in the Scottish Charity Register under section 3 of the Charities and Trustee Investment (Scotland) Act 20058; or(ii) a "recognised body" within the meaning of section 1(7) of the Law Reform (Miscellaneous Provisions)(Scotland) Act 19909; and (b) "foreign charity" means a body which is established outside the United Kingdom for purposes similar to those for which a body within paragraph (4)(a) or (b) may be established, and which is subject to similar rules regarding the distribution and application of its assets.Waiver etc.
8.-
(1) A waiver of a resale right shall have no effect.
(2) An agreement to share or repay resale royalties shall be void.
(3) Paragraph (2) does not affect any agreement made for the purposes of the management of resale right in accordance with regulation 14.
Persons entitled on succession
9.-
(1) Subject to regulation 10(2), resale right in respect of a work is transmissible as personal or moveable property by testamentary disposition or in accordance with the rules of intestate succession; and it may be further so transmitted by any person into whose hands it passes.
(2) Resale right may be so transmitted only to-
(a) a natural person; or(b) a qualifying body.(3) Notwithstanding paragraph (2), a resale right may be transmitted as bona vacantia.
(4) Where a resale right is transmitted to more than one person, it shall belong to them as owners in common.
Requirements as to nationality etc.
10.-
(1) Resale right may be exercised in respect of a sale only by a person who, at the contract date, is-
(a) a qualifying individual; or(b) a qualifying body.(2) Resale right may be transmitted under...
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