New regulation grants artists more rights over resold work
Image: Robert Ballagh
New regulation grants artists more rights over resold work
Words: Ellen Kenny
The new regulations will allow artists the right to access information about the resale of their work.
Tánaiste Leo Varadkar just approved of new regulations that will strengthen creators’ ability to access information about their resold work.
Under the new regulations artists will be entitled to information about the resale of their art within 30 days of making a request.
Artists’ rights to information and royalties
Artists have always been entitled to information about the resale of their works by a gallery or art dealer. This includes information such as the date of sale and the price paid. This information then allows the creators to calculate and claim the resale royalties they are due.
However, in many cases artists have faced long delays in receiving responses to such enquiries. The only recourse an artist had if they didn’t receive the information was to the High Court. This, however, led to high costs for artists simply seeking the royalties they deserve.
The new regulations, however, compel galleries and art dealers to provide this information within 30 days. This allows artists to claim their earnings in a timely manner. Also, the Circuit Court will now deal with any problems that arise instead of the High Court, meaning lower costs for any creatives brought into legal battles over royalties.
The Tánaiste said, “No one who has created a piece of work, should be left in the dark about what has happened to their creation.”
Robert Ballagh
Varadkar recognised the efforts of artist Robert Ballagh’s campaign on this issue. The renowned Irish artist, who designed the last Irish banknotes before the introduction of the euro in 2002, has pushed the Government to strengthen artists’ rights for years.
In 2006, Ballagh brought a legal challenge against the State over its failure to implement an EU directive on the resale rights of artists. The High Court rewarded him 5,000 euros to compensate him for the loss of royalties for his paintings.
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