| Commentary

190 Resale

| Commentary

190 Resale

The resale right applies to any resale subsequent to the first transfer of ownership by the author. Regulation 12 of the Artist’s Resale Right Regulations 2006 (‘the Regulations’) sets out what constitutes a ‘resale’ and what does not. In particular:

  1. 190.1

        The sale of a work may be regarded as a resale notwithstanding that the first transfer of ownership was not made for a money (or any) consideration1. Accordingly, if the work is originally given as a gift by the artist, a subsequent sale constitutes a ‘resale’ for the purposes of the Regulations.

  2. 190.2

        The sale of a

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