Artist Resale Right in Ireland
As dedicated legal professionals, we understand the significance of the Artist Resale Right (ARR) and its impact on the creative community. On this page, we delve into the nuances of ARR and how our services can assist both artists and art market stakeholders in navigating this important aspect of intellectual property law.
What is the Artist Resale Right (ARR)?
The Artist Resale Right, also known as Droit de Suite, is a legal concept that entitles artists to receive a percentage of the resale price each time their work is sold in the secondary market. This means, every sale after the first transfer of the work (whether or not that first transfer was for payment). This right aims to ensure that artists benefit from the increasing value of their creations over time, analogous to royalties earned by musicians or authors.
It was introduced throughout Europe by EU Directive 2001/84/EC and brought into force in Irish Law by Statutory Instrument 312/2006 which was subsequently amended by S.I. 709/2011. The right is inalienable and thus, cannot be waived or assigned. It does not apply to private sales.
Key Aspects of ARR:
- Eligibility: ARR applies to original works of art, including paintings, sculptures, drawings, and original prints (including numbered editions), sold in the secondary market for a price exceeding a certain threshold. In Ireland this threshold is €3,000.
- Percentage: The percentage of the resale price allocated to the artist varies depending on the net sale price after tax. This table sets out the different percentages, but only applies if a work sells for more than €3,000:
Portion of the Sale Price Percentage
€3,000 to €50,000 4%
€50,000.01 to €200,000 3%
€200,000.01 to €350,000 1%
€350,000.01 to €500,000 0.5%
Exceeding €500,000 0.25%
- Duration: ARR persists for the artist’s lifetime and continues for 70 years after their death. This ensures that heirs or beneficiaries can also benefit from the resale of the artist’s works.
- Sales Subject to ARR: The resale right applies to sales facilitated by art market professionals, including auction houses, galleries, dealers, and art brokers.
Contact Us:
If you require legal assistance or guidance regarding the Artist Resale Right in Ireland, do not hesitate to reach out to us. Our dedicated team is here to support you every step of the way.