STATUTORY INSTRUMENTS 
2006 No. 346 
INTELLECTUAL PROPERTY 
ARTISTS 
The Artist’s Resale Right Regulations 2006 
Made  - - - - 13th February 2006 
Coming into force in accordance with regulation 1(1) 
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to the right of artists to receive a payment on the sale of their 
works( b). 
A draft of this instrument was laid before Parliament in accordance with paragraph 2(2) of 
Schedule 2 to that Act and approved by a resolution of each House of Parliament. 
Accordingly the Secretary of State, in exercise of the powers conferred upon him by section 2(2) 
of that Act,  makes the following Regulations: 
Citation, commencement and extent 
1.—(1) These Regulations may be cited as the Ar tist’s Resale Right Regul ations 2006 and shall 
come into force on the day after the day on which they are made. 
(2) These Regulations extend to the whole of the United Kingdom. 
Interpretation 
2. In these Regulations— 
“author”, in relation to a work, means the person who creates it; 
“collecting society” has the m eaning given in regulation 14(5); 
“contract date”, in relation to a sale, means the time at which the contract of sale was made 
(and “contract of sale” has the meaning given in  section 2 of the Sale of Goods Act 1979( c)); 
“copyright” has the meaning given in section 1 of the Copyright, Designs and Patents Act 
1988( d); 
“EEA state” means a member State, Iceland, Liechtenstein or Norway; 
“qualifying body” has the meaning given in regulation 7(4); 
“qualifying individual” has the m eaning given in regulation 10(3); 
                                                                                                                                                               
 
(a) 1972 c. 68. 
(b) SI 2004/1984. 
(c) 1979 c. 54. 
(d) 1988 c. 48.  There is an amendment to section 1 that is not relevant to these Regulations.  2“resale” is to be construed in accordance with regulation 12; 
“resale right” has the meaning given in regul ation 3 (and, unless the context otherwise 
requires, includes a share in resale right); 
“resale royalty” has the meaning given in regulation 3; 
“sale” has the meaning given in secti on 2 of the Sale of Goods Act 1979; 
“sale price” has the meaning given in regulation 3(4); 
“trustee in bankruptcy” means, in relation to Scotland, an interim or permanent trustee 
appointed under the Bankruptcy (Scotland) Act 1985( a); 
“work” has the meaning given in regulation 4; “work of joint authorship” has the meaning given in regulation 5(4). 
Artist’s resale right 
3.—(1) The author of a work in which copyright subsists shall, in accordance with these 
Regulations, have a right (“resale ri ght”) to a royalty on any sale of the work which is a resale 
subsequent to the first transfer of ownershi p by the author (“resale royalty”). 
(2) Resale right in a work shall continue to subsi st so long as copyright subsists in the work. 
(3) The royalty shall be an amount based on the sale price which is calculated in accordance 
with Schedule 1. 
(4) The sale price is the price obtai ned for the sale, net of the tax payable on the sale, and 
converted into euro at the European Central Bank reference rate prevailing at  the contract date. 
(5) For the purposes of paragraph (1), “transfer of ownership by the author” includes in 
particular— 
(a) transmission of the work from the author by testamentary disposition, or in accordance 
with the rules of intestate succession; 
(b) disposal of the work by the author’s personal representatives for the purposes of the 
administration of his estate;  and 
(c) disposal of the work by an official receiver (or, in Northern Ireland, the Official Receiver 
for Northern Ireland) or a trustee in bankruptcy, for the purposes of the realisation of the 
author’s estate. 
Works covered 
4.—(1) For the purposes of these Regulations, “work” means any work of graphic or plastic art 
such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a 
tapestry, a ceramic, an item of glassware or a photograph. 
(2) However, a copy of a work is not to be regarded as a work unless the copy is one of a limited 
number which have been made by the author or under his authority. 
Joint authorship 
5.—(1) In the case of a work of joint authorship, the resale right shall belong to the authors as 
owners in common. 
(2) The right shall be held in equal shares or in such other shares as may be agreed. 
(3) Such an agreement must be in writing signed by or on behalf of each party to the agreement. 
(4) “Work of joint authorship” means a work created by two or more authors. 
                                                                                                                                                              
 
 
(a) 1985 c. 66.  3Proof of authorship 
6.—(1) Where a name purporting to be that of the author appeared on the work when it was 
made, the person whose name appeared shall, unless the contrary is proved, be presumed to be the 
author of the work. 
(2) In the case of a work alleged to be a work of joint authorship, paragraph (1) applies in 
relation to each person alleged to be one of the authors. 
Assignment etc. 
7.—(1) Resale right is  not assignable. 
(2) Any charge on a resale right is void. 
(3) Paragraph (1) does not prevent the transfer of a resale right which was transmitted to a 
qualifying body under regulation 9 (or is deemed to have been so transmitted under regulation 16), 
provided that the transfer is to another qualifying body. 
(4) A qualifying body is a body which— 
(a) is a charity within the meaning of section 96(1) of the Charities Act 1993( a) or section 35 
of the Charities Act (Northern Ireland) 1964( b); 
(b) is a Scottish charity;  or 
(c) is a foreign charity, and has its central administrat ion in an EEA state or a country listed 
in Schedule 2. 
(5) In paragraph (4)— 
(a) “Scottish charity” means— 
(i) a body entered in the Scottish Charity Register under section 3 of the Charities and 
Trustee Investment (Scotland) Act 2005( c);  or 
(ii) a “recognised body” within the meaning of section 1(7) of the Law Reform 
(Miscellaneous Provisions)(Scotland) Act 1990( d);  and 
(b) “foreign charity” means a body which is est ablished outside the United Kingdom for 
purposes similar to those for which a body within paragraph (4)(a) or (b) may be established, and which is subject to sim ilar rules regarding the distribution and 
application of its assets. 
Waiver etc. 
8.—(1) A waiver of a resale right shall have no effect. 
(2) An agreement to share or repay resale royalties shall be void. 
(3) Paragraph (2) does not affect any agreement made for the purposes of the management of 
resale right in accordance with regulation 14. 
Persons entitled on succession 
9.—(1) Subject to regulation 10(2), resal e right in respect of a work is transmissible as personal 
or moveable property by testamentary disposition or in accordance with the rules of intestate 
succession;  and it may be further so transmitted by any person into whose hands it passes. 
(2) Resale right may be so transmitted only to— 
(a) a natural person;  or 
                                                                                                                                                              
 
 
(a) 1993 c. 10. 
(b) 1964 c. 33. 
(c) 2005 asp 10;  section 3 comes into force on such day as the Scottish Ministers may by order appoint. 
(d) 1990 c. 40;  section 1 is amended by paragraph 7(a) of Schedule 4 to the Charities and Trustee Investment (Scotland) Act 
2005, which comes into force on such day as the Scottish Ministers may by order appoint.  4(b) a qualifying body. 
(3) Notwithstanding paragraph (2), a resale right may be transmitted as bona vacantia. 
(4) Where a resale right is transmitted to more than one person, it shall belong to them as owners 
in common. 
Requirements as to nationality etc. 
10.—(1) Resale right may be exercised in respect of a sale only by a person who, at the contract 
date, is— 
(a) a qualifying individual; or 
(b) a qualifying body. 
(2) Resale right may be transmitted under regulation 9 only by a person who, at the time of his 
death, is a qualifying individual. 
(3) A qualifying individual is a natural person who is— 
(a) a national of an EEA state; or 
(b) a national of a country listed in Schedule 2. 
(4) Nothing in this regulation prevents a resal e right from being exercised after it has been 
transmitted as bona vacantia. 
(5) Resale right may vest by operation of law in— 
(a) a personal representative of a deceased person;  or 
(b) an official receiver (or, in Northern Ireland, the Official Receiver for Northern Ireland) or 
a trustee in bankruptcy, 
and nothing in this regulation prevents a resale right from being exercised by any person acting in 
that capacity. 
Trusts 
11. Nothing in regulations 7, 9 or 10 prevents a resale right from being— 
(a) held, and exercised in respect of a sale, by any person acting as trustee for the person who 
would otherwise be entitled to exercise the right (“the beneficiary”);  or 
(b) transferred to such a trustee, or from the trustee to the beneficiary. 
“Resale” 
12.—(1) The sale of a work may be regarded as a resale not withstanding that the first transfer of 
ownership was not made for a money (or any) consideration. 
(2) The sale of a work may regarded as a resale only if the conditions mentioned in 
paragraph (3) are satisfied in respect of that sale. 
(3) The conditions are that— 
(a) the buyer or the seller, or (where the sale takes place through an agent) the agent of the 
buyer or the seller, is acting in the course of a business of dealing in works of art;  and 
(b) the sale price is not less than 1,000 euro. 
(4) The sale of a work is not to be regarded as a resale if— 
(a) the seller previously acquired the work directly from the author less than three years 
before the sale;  and 
(b) the sale price does not exceed 10,000 euro.  5Liability to pay resale royalty 
13.—(1) The following shall be jointly and severally liable to pay the resale royalty due in 
respect of a sale— 
(a) the seller;  and 
(b) the relevant person (within the meaning of paragraph (2)). 
(2) The relevant person is a person who satisfies the condition mentioned in regulation 12(3)(a) 
and who is— 
(a) the agent of the seller;  or 
(b) where there is no such agent, the agent of the buyer;  or 
(c) where there are no such agents, the buyer. 
(3) Liability shall arise on the completion of the sale;  however, a person who is liable may 
withhold payment until evidence of entitlement to be paid the royalty is produced. 
(4) Any liability to pay resale royalty in respect of a resale right which belongs to two or more 
persons as owners in common is discharged by a payment of the total amount of royalty to one of those persons. 
Collective management 
14.—(1) Resale right may be exercised onl y through a collecting society. 
(2) Where the holder of the resale right has not transferred the management of his right to a 
collecting society, the collecting society whic h manages copyright on behalf of artists shall be 
deemed to be mandated to manage his right. 
(3) Where there is more than one such collecting society, the holder may choose which of them 
is so mandated. 
(4) A holder to whom paragraph (2) applies has the same rights and obligations, in respect of the 
management of his right, as have holders who ha ve transferred the management of their right to 
the collecting society concerned. 
(5) For those purposes— 
(a) “collecting society” means a society or other organisation which has as its main object, or 
one of its main objects, the administrati on of rights on behalf of more than one artist; and 
(b) the management of resale right is the collec tion of resale royalty on behalf of the holder 
of the right in return for a fixed fee or a percentage of the royalty. 
Right to information 
15.—(1) A holder of resale right in respect of a sale,  or a person acting on his behalf, shall have 
the right to obtain information by  making a request under this regulation. 
(2) Such a request— 
(a) may be made to any person who (in relation to that sale) satisfies the condition mentioned 
in regulation 12(3)(a); but 
(b) must be made within three years of the sale to which it relates. 
(3) The information that may be so requested is any that may be necessary in order to secure 
payment of the resale royalty, and in particular to ascertain— 
(a) the amount of royalty that is due;  and 
(b) where the royalty is not paid by the person to whom the request is made, the name and 
address of any person who is liable. 
(4) The person to whom the request is made shall do everything within his power to supply the 
information requested within 90 days of the receipt of the request.  6(5) If that information is not supplied within the period mentioned in paragraph (4), the person 
making the request may, in accordance with rules of court, apply to the county court for an order 
requiring the person to whom the request is made to supply the information. 
(6) In Scotland, such an application shall be by wa y of summary application to the sheriff, and 
the procedure for breach of an order shall proceed in like manner as for a contempt of court. 
(7) Information obtained under this regulati on shall be treated as confidential. 
Transitional provisions 
16.—(1) These Regulations— 
(a) do not apply to sales where the contract  date preceded the commencement of the 
Regulations;  but 
(b) apply notwithstanding that the work sol d was made before that commencement. 
(2) Where the author of a work (or a person to whom the resale right in that work is deemed to 
have been transmitted under this regulation) di ed before the commencement of these Regulations, 
and was at the time of his death a qualifying individual— 
(a) if he was the owner of the copyright in the work immediately before his death, and on his 
death a qualifying person became beneficially entitled to that copyright (or to part of it), 
the resale right in the work shall be deemed to have been transmitted to that person; 
(b) if he was the owner of the work (but not the copyright in it) im mediately before his death, 
and on his death a qualifying person became beneficially entitled to the work, the resale right shall be deemed to have been transmitted to that person; 
(c) otherwise, the resale right shall be deemed to  have been transmitted to the qualifying 
persons who were beneficially entitled to the residue of his personal estate. 
(3) Where the author of the work was one of a number of joint authors, the right deemed to have 
been transmitted by the author under this regulation is one of that number of equal shares in the resale right. 
(4) Where a resale right is deemed to have been transmitted to more than one person under 
paragraph (2)(a), (b) or (c), the resale right shall be deemed to have been transmitted to them in equal shares as owners in common. 
(5) In this regulation, “qualifying person” means a person to whom a resale right may be 
transmitted under regulation 9(2) and (3). 
Sales before 1st January 2010 
17. Where a resale right is transmitted under regula tion 9, or deemed to have been transmitted 
under regulation 16, it may not be exercised in resp ect of any sale where the contract date 
precedes 1st January 2010.  
 
 
 
 
 Sainsbury of Turville 
 Parliamentary Under-Secretary of State 
 for Science and Innovation 13th February 2006 Department of Trade and Industry  7 SCHEDULE 1 Regulation 3(3) 
CALCULATION OF RESALE ROYALTY 
1. The resale royalty payable on the sale of a work shall be the sum of the following amounts, 
being percentage amounts of consecutive portions of the sale price— 
 
Portion of the sale price Percentage amount 
 
From 0 to 50,000 euro 4% 
From 50,000.01 to 200,000 euro 3% 
From 200,000.01 to 350,000 euro 1% 
From 350,000.01 to 500,000 euro 0.5% Exceeding 500,000 euro 0.25% 
 
2. However, the total amount of royalty payable on the sale shall not in any event exceed 12,500 
euro.  8 
 SCHEDULE 2 Regulations 7(4) and 10(3) 
COUNTRIES OUTSIDE THE EEA WHOSE NATIONALS MAY 
ENJOY RESALE RIGHT 
Algeria 
Brazil Bulgaria 
Burkina Faso 
Chile Congo Costa Rica 
Croatia 
Ecuador Guinea 
Iraq 
Ivory Coast Laos Madagascar 
Mali 
Monaco Morocco 
Peru 
Philippines Romania Russian Federation 
Senegal 
Serbia and Montenegro Tunisia 
Turkey 
Uruguay  9EXPLANATORY NOTE 
(This note is not part  of the Regulations) 
These Regulations implement Directive 2001/84/EC  of the European Parliament and of the 
Council of 27 September 2001 on the resale right for the benefit of the author of an original work 
of art (OJ No L 272, 13.10.2001, p.32) (“the Direc tive”).  The Regulations also amount to the 
implementation, by the United Kingdom, of the op tion given by Article 14ter of the Berne 
Copyright Convention (Cmnd. 5002). 
Regulation 3  creates a new intellectual property right (“re sale right”) to be enjoyed by the creator 
of a work of art (and that artist’s successors in title) for as long as copyright continues to subsist in 
the work.  The right consists in the entitleme nt to claim a royalty on the resale of the work 
following its first transfer by the artist.  The amount of the royalty is based on the sale price 
(denominated in euro), and Schedule 1  sets out how that am ount is to be calculated. 
Regulation 4(1)  defines the works of art which are covered by the Regulations.  Regulation 4(2)  
lays down the conditions under which a copy of a work is to be regarded as a work covered. 
Regulation 5  makes provision for works which are the joint product of two or more artists, and 
regulation 6 lays down a rebuttable presumption that a signatory of the work is its creator. 
Regulation 7  ensures that resale right may not be assigned or charged, but does not prevent the 
transfer of a resale right where it has been transmitted  to a qualifying charitable body, provided 
that the transfer is to another such body.  (See also regulation 11 on trustees.)  The relevant bodies 
are defined in regulation 7(4) and (5).  
Regulation 8  prevents resale right from being waiv ed, and precludes any agreement to share or 
repay resale royalties;  however, this does not prevent a collecting society from collecting resale 
right on the holder’s behalf in retu rn for a percentage of the royalty (see regulation 14 ). 
Regulation 9  enables a resale right to be transmitted, on the death of its holder, to a natural person 
or to a qualifying charitable body, and makes it clear that in the absence of any heirs it may pass to 
the Crown as “bona vacantia” (“ownerless property”). 
Regulation 10  lays down certain nationality requirement s.  Resale right may be exercised only by 
an individual who is an EEA national  (or national of a country listed in Schedule 2 ) ,  o r  b y  a  
qualifying charitable body.  Similarly, only such an individual may transmit resale right under 
regulation 9 .  It follows from the combined provisions of regulations 9 and 10  that an individual 
who does not satisfy those requirements may none the less inherit resale right, but such an 
individual may not exercise it or further pass it on while the requirements continue not to be 
satisfied. 
Regulation 11  enables any person to hold and to exercise resale right in the capacity of a trustee 
for a person entitled to the right, and enables legal title to the right to be transferred to such a 
trustee or to the beneficiary.  Thus in particul ar the nationality and other requirements of 
regulations 9 and 10  are to be satisfied by the beneficial ow ner of a resale right rather than by the 
trustee. 
Regulation 12  defines when a sale is to be regarded as a “resale” for the purposes of the 
Regulations (thereby attracting the oblig ation to pay resale royalty).  Regulation 12(1)  makes it 
clear that a sale may be a resale, even though th e initial transfer of ownership in the work was not 
itself a sale.  Thus for example a “resale” following a gift by the artist would also qualify (and see also regulation 3(5) ).  Regulation 12(3)  provides that an art-market professional must be involved 
in the sale, either as principal or agent, and imposes a minimum price threshold of 1,000 euro.  
Regulation 12(4)  exempts certain sales where the work was recently acquired from the artist. 
Regulation 13  makes a specified art-market professional invo lved in the sale jointly and severally 
liable with the seller.  The art-market professional who is so liable is the agent of the seller, if any, 
or failing that the agent of the buyer, or (again if there is no such agent) the buyer.  Thus where the  10agent of the seller is a professional, that agent w ill be liable;  and a buyer who is a professional 
will be liable only if no professional is involved either as an agent of the seller or the buyer.  
Regulation 14  imposes the requirement of compulsory collective management (an option 
permitted by Article 6(2) of the Directive).  Thus resale right may be exercised only through an 
artists’ collecting society (although the holder may select for those purposes any such society 
which manages rights on behalf of artists). 
Regulation 15  enables holders of a resale right to obtain  the information necessary to enforce their 
rights.  Information regarding a sale may be request ed from any art-market professional involved 
in the sale;  if the necessary information is not pr ovided within 90 days of the request, an 
application may be made to the court.  Such requests must, however, be made within three years 
of the sale in question. 
Regulation 16  contains transitional provisions.  By regulation 16(1) , the  Regulations do not apply 
where the relevant contract of sale was made before the date that the Regulations come into force.  
But as regards contracts made subsequently, the Regula tions apply notwithstanding that the work 
sold was made before that date.  (However, by regulation 3(1) and (2) , resale right will exist only 
if the work is still in copyright.) 
Regulation 16(2) to (5) provides for the case where the artist died before the Regulations come 
into force.  In such circumstances, resale right cannot at that time have been transmitted to the 
artist’s successors under regulation 9 . Accordingly, regulation 16(2)  provides a rule for 
determining who should then be regarded as the artist’s successors for the purpose of holding 
resale right.  Resale right is deem ed to have passed with copyright in the work, if the copyright 
formed part of the artist’s estate;  or, failing that, to have passed with the work itself.  If the artist 
owned neither the work nor the copyright in it, or if neither passed to a specific beneficiary, resale 
right in the work is deemed to have formed part  of his residuary estate.  The same rule applies 
where the deemed successor in turn died before the commencement of the Regulations. 
Regulation 17  exercises the option under Article 8(2) of the Directive, which is available to 
member States such as the United Kingdom which di d not have resale right at the date of entry 
into force of the Directive (13th October 2001).  In accordance with that option, those to whom a resale right is transmitted (or deemed to be transm itted) after the death of the artist may not 
exercise the right until 1st January 2010. 
A Regulatory Impact Assessment, and a Transposition Note setting out how these Regulations 
implement the Directive, have been placed in the libraries of both Houses of Parliament. 
The Regulatory Impact Assessment and the Transposition Note are also available from the Patent 
Office, Intellectual Property and Innovation Directorate, Concept House, Ne wport, South Wales, 
NP10 8QQ, and are available electronically at: 
www.patent.gov.uk/about/con sultations/responses/resale
. £3.00 
¤ Crown copyright 2006 
Printed and published in the UK by The Stationery Office Limited 
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s 
Stationery Office and Queen’s Printer of Acts of Parliament. 
E0165  2/2006 160165T  19585 ISBN 0-11-074042-4
9 780110 740423STATUTORY INSTRUMENTS 
2006 No. 346 
INTELLECTUAL PROPERTY 
ARTISTS 
The Artist’s Resale Right Regulations 2006