Artist Resale Right in Ireland
The Artist’s Resale Right, sometimes known by the French term droit de suite, gives qualifying visual artists a right to receive a royalty when their artworks are resold through the professional art market.
The right is particularly significant for visual artists. Unlike a writer or musician, who may receive continuing royalties from copies or performances of their work, an artist may sell a single physical artwork early in their career which subsequently increases substantially in value. The Artist’s Resale Right allows the artist, and in certain circumstances their successors, to participate in that later value.
The Artist’s Resale Right in Irish Law
The right was introduced at European level by Directive 2001/84/EC and subsequently implemented in Ireland by the European Communities (Artist’s Resale Right) Regulations 2006, as amended.
The right is inalienable and cannot simply be assigned or waived by the artist.
It does not apply to every subsequent transfer of an artwork. In broad terms, the regime concerns qualifying resales involving an art-market professional, such as an auction house, gallery or art dealer.
Which Artworks Qualify?
The right applies to qualifying original works of art. These can include paintings, drawings, sculptures, engravings, prints, lithographs and certain other works of visual art.
Copies of artworks made in limited numbers by the artist, or under the artist’s authority, can also qualify as original works for the purposes of the resale right. Such works will normally have been numbered, signed or otherwise duly authorised by the artist.
The application of the right to a particular work or transaction will depend upon the requirements of the legislation.
The €3,000 Threshold
In Ireland, the resale right generally applies where the qualifying resale price reaches €3,000.
No resale royalty is payable under the Irish scheme where the relevant sale falls below the applicable threshold.
How Is the Resale Royalty Calculated?
The royalty is calculated on a sliding scale. Different rates apply to different portions of the sale price:
| Portion of resale price | Royalty rate |
|---|---|
| Up to €50,000 | 4% |
| €50,000.01–€200,000 | 3% |
| €200,000.01–€350,000 | 1% |
| €350,000.01–€500,000 | 0.5% |
| Over €500,000 | 0.25% |
The rates are cumulative, rather than applying a single percentage to the entire sale price. The total royalty payable in respect of an individual resale is capped at €12,500.
How Long Does the Artist’s Resale Right Last?
For qualifying artistic works, copyright protection generally expires 70 years after the death of the artist. The resale right can therefore continue after an artist’s death, allowing qualifying successors to benefit from later resales of the artist’s work. This is due to an amendment of the original Stautory Instrument.
This can make the resale right relevant not only to living artists but also to artists’ estates and those administering intellectual-property rights following an artist’s death.
Auction Houses, Galleries and Art Dealers
The Artist’s Resale Right is particularly relevant to the professional secondary art market.
Questions can arise as to whether a particular transaction qualifies, the calculation of the royalty, who is responsible for payment and the information required to establish whether a royalty is due.
Artists and their successors may also need to consider how resale royalties are identified and collected where works appear at auction or are sold through galleries and dealers.
Artist’s Resale Right Legal Advice
O’Connor & Bergin Solicitors can advise artists, artists’ estates, collectors and art-market participants on legal issues concerning the Artist’s Resale Right in Ireland.