The ruling in the Dalí case has seemingly validated a restrictive application of the artist’s resale right directive, but where does this leave the UK's implementing regulation, asks Jacqueline McClure

Until 14 February 2006, when an artist sold or gave away their work in the UK they were not entitled to a share in any future increases in value, even if their reputation and notoriety meant that the work was subsequently sold for much more.

The EU resale rights directive (2001/84/EC) sought to harmonise the position on resale rights across Europe and to smooth out distortions in differing EU jurisdictions – in France, for example, artists have long benefited from such a right. The recent case Fundacion Gala-Salvador Dalí and Visual Entidad de Gestion de Artitas Plasticos (VEGAP) v Société des auteurs dans les arts graphiques et plastiques (ADAGP) and others (Case C-518/08) is a useful illustration of the ECJ’s int...

Jean Yves

IICJ

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