Commentary

105 Council Directive (EC) 2001/84 on the resale right for the benefit of the author of an original work of art

ENTERTAINMENT AND MEDIA vol 15(1) commentary, music industry documentation
| Commentary

105 Council Directive (EC) 2001/84 on the resale right for the benefit of the author of an original work of art

| Commentary

105 Council Directive (EC) 2001/84 on the resale right for the benefit of the author of an original work of art

The plight of the family of French painter Jean-François Millet whose famed 1858 work Angélus was sold for 800,000 gold francs whilst they lived in poverty inspired the introduction in the early twentieth century of a droit de suite into French law which provided for artists and their heirs to receive a percentage of the proceeds of the re-sale of their works. The right spread into the laws of other continental jurisdictions to the extent that by 2001 only four European Union member states, Austria, Ireland, the Netherlands and the United Kingdom, had failed to implement similar provisions in their laws, which the European Parliament and the Council of the European Union proposed harmonising pursuant to the Directive.

Unlike the other European Union directives relating to copyright works, the Artist’s Resale Right Directive was not implemented by means of making amendments to UK copyright legislation effected through secondary legislation in the form of regulations. The secondary legislation regulations implementing the Artist’s Resale Right Directive provide a new United Kingdom right

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