THE ARTIST'S RESALE RIGHT REGULATIONS 2006 (UK)

The European Artist’s Resale Right Directive 2001/84/EC, which gives artists a portion of the profits from the resale of their work, has been given effect in the U.K. law under the Artist's Resale Right Regulations 2006 (the Regulations). The Regulations represent the fulfillment of the UK government's legal obligations to enact the requirements of the EU law (Directive 2001/84/EC) requiring all member states to give artists an automatic legal right to receive a payment when their works are resold. Previously, UK artists typically did not receive any payment when their works were resold. The right to payment upon resale of the work will exist from the time the work is created until 70 years after the death of the artist. This article provides an overview of the relevant provisions of the European Artist’s Resale Regulations.

The following questions have been addressed in this article:

How are payments made under the Regulations?
What happens if an artist’s work is resold on the Internet?
Can the right to receive royalties under the Regulations be transferred or waived?
What happens if the work is the creation of two or more artists?
Who pays for royalties?

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