The artist's resale right: derogation for deceased artists

The UK-IPO is seeking views on whether to maintain the existing derogation for a further two years until 1 January 2012 or to allow the derogation to lapse and for works by artists who are deceased, but are still protected by copyright, to be eligible for resale right.Resale right was introduced into the UK in 2006 when Directive 2001/84/EC was implemented. Resale right allows artists and their heirs to receive a small royalty each time one of their works is resold whilst that work is in copyright. The UK currently uses a derogation in the Directive so the right only applies in the UK to works by living artists. This derogation will expire on 1 January 2010 unless the UK Government seeks a further two year extension in accordance with the terms of the Directive. The UK-IPO is seeking views on whether to maintain the existing derogation for a further two years until 1 January 2012 or to allow the derogation to lapse and for works by artists who are deceased, but are still protected by copyright, to be eligible for resale right