S.I. No. 709/2011 - European Communities (Artist's Resale Right) (Amendment) Regulations 2011.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 3rd January, 2012. | ||
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive No. 2001/84/EC of the European Parliament and of the Council of 27 September 20011 , hereby make the following regulations: | ||
1. (1) These Regulations may be cited as the European Communities (Artist’s Resale Right) (Amendment) Regulations 2011. | ||
(2) These Regulations come into operation on 1 January 2012. | ||
2. The European Communities (Artist’s Resale Right) Regulations 2006 ( S.I. No. 312 of 2006 ) are amended— | ||
(a) in paragraph (1) of Regulation 3, by the substitution of “The author of an original work of art or a person to whom a resale right is transmitted pursuant to Regulation 4A” for “The author of an original work of art”, | ||
(b) by the insertion of the following Regulation after Regulation 4: | ||
“Transmission of resale right. | ||
4A. Notwithstanding Regulation 4, resale right is transmissible by testamentary disposition or in accordance with the rules of intestate succession as personal or moveable property.”, | ||
(c) by the substitution of the following Regulation for Regulation 6: | ||
“Nationality of author. | ||
6. The resale right may only be exercised in respect of a sale- | ||
(a) if the author of the work sold is, on the contract date of the sale, a national of a Member State, Iceland, Liechtenstein or Norway, | ||
(b) where on the contract date of the sale the author is deceased, if the author was, at the time of his or her death, a national of a Member State, Iceland, Liechtenstein or Norway, | ||
(c) if, on the contract date of the sale, the author is a national of a country whose legislation permits resale right protection in that country for authors from the Member States, Iceland, Liechtenstein or Norway and their successors in title, or | ||
(d) where on the contract date of the sale the author is deceased, if the author was, at the time of his or her death, a national of a country whose legislation permits resale right protection in that country for authors from the Member States, Iceland, Liechtenstein or Norway and their successors in title.”, | ||
(d) in Regulation 8, by the insertion of the following paragraph after paragraph (4): | ||
“(5) In this Regulation “author” includes a person to whom a resale right is transmitted pursuant to Regulation 4A.”, and | ||
(e) by the substitution of the following Regulation for Regulation 10: | ||
“Duration of resale right. | ||
10. (1) Resale right in an original work of art subsists during the lifetime of the author and for 70 years after his or her death. | ||
(2) Paragraph (1) shall not operate to confer an entitlement to a resale royalty on a person to whom a resale right is transmitted pursuant to Regulation 4A in relation to a sale where the contract date was before 1 January 2012.”. | ||
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GIVEN under my Official Seal, | ||
22 December 2011. | ||
RICHARD BRUTON, | ||
Minister for Jobs, Enterprise and Innovation. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation) | ||
These Regulations extend the artist’s resale right to those to whom a resale right is transmitted (or deemed to be transmitted) after the death of the author of an original work of art. The right is extended for a period of 70 years after the death, in respect of sales whose contract date is on or after the 1 January 2012. | ||
The artist’s resale right allows the creators of original works of visual and plastic art, through a system of royalty payments, to benefit from resales of those works when they are sold through the professional art market. | ||
