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Charles Lewis, Implementing the artist's resale right directive, Journal of Intellectual Property Law & Practice, Volume 2, Issue 5, 1 May 2007, Pages 298–304, https://doi.org/10.1093/jiplp/jpm027
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Directive 2001/84/EC, on the resale right for the benefit of the author of an original work of art, introduced the harmonisation of artist's resale right within the EU (and subsequently within the EEA). Resale right already existed in many EU States, but the Directive also required its creation in others (such as the UK) to which it was previously unknown. The implementation of the Directive in the UK was accordingly a matter of some controversy.
This article concentrates on the legal difficulties involved in that implementation, viewed against the background of the UK Government's stated general policy on the transposition of EU Directives. From several points of view, the rules laid down in the Directive called for elaboration or clarification, and in a number of cases such an approach was appropriate. In other cases, however, this turned out not to be appropriate.
As a result, although in the main it was possible to transpose the Directive into a clear and workable set of domestic rules, a number of issues had to remain unresolved. Among the most important were: whether works of ‘applied art’ should attract resale right, and the territorial scope of the transactions covered by the right.
