"an inalienable right, which cannot be waived, even in advance, to receive a royalty based on the sale price obtained for any resale of the work, subsequent to the first transfer of the work by the author."
France has recognized such a right since 1920, Italy since 1945 and Germany since 1965. As it was resisted by UKIP and some other British MEPs as a continental innovation likely to threaten London's preeminence in the art market, it is worth pointing out that it is not altogether unknown in the English speaking common law world. Such a right is conferred by s.986 of the California Code. Los Angeles, like London, has a substantial international art market which seems to have survived.
In my article "Copyright: Suites for Artists - Resale Right Directive" which I wrote shortly after the directive had been adopted, I outlined its provisions and considered what would have to be done to bring it into effect in the UK. The Patent Office has just completed a consultation to which I contributed and has now published some draft regulations and guidance for business.
I plan to arrange a conference or seminar on the topic which will carry CPD points in Leeds and/or Manchester early in the New Year. The likely cost will be £50 + VAT and the likely venues will be the Round Foundry Media Centre and Salford University unless I get someone in those towns to provide rooms free. I would also run it in London, Birmingham, Newcastle and somewhere nice in Scotland like St Andrews or Pitlochry if someone would like to take responsibility for managing it.
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