This Statutory Instrument has been printed in substitution of the SI of the same number and is 
being issued free of charge to all known reci pients of that St atutory Instrument. 
STATUTORY INSTRUMENTS 
2011 No. 2873 
INTELLECTUAL PROPERTY 
ARTISTS 
The Artist’s Resale Right (Amendment) Regulations 2011 
Made  - - - - 29th November 2011 
Laid before Parliament  2nd December 2011 
Coming into force  - - 1st January 2012 
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 
work ( b). 
The Secretary of State makes these Regulations in exercise of the powers conferred by that 
section. 
Citation and Commencement 
1. These Regulations may be cited as the Artis t’s Resale Right (Ame ndment) Regulations 2011 
and come into force on 1st January 2012. 
Amendment of the Artist’s Resale Right Regulations 2006 
2. The Artist’s Resale Right Regulations 2006( c) are amended as follows. 
3. In regulation 2 (Interpretation) omit th e definition of “qualifying individual”. 
4. In regulation 7 (Assignment etc.) for sub-paragraph (4)(c) substitute— 
“(c) is a foreign charity.”. 
5. For regulation 9 (Persons entitled on succession) substitute— 
“Transmission and vesting of resale right 
9.—(1) Where by virtue of this regulation resale right is transmitted to, or vests in, any 
person, it may be exercised by that person. 
                                                                                                                                            
(a) 1972 c.68. 
(b) S.I. 2004/1984. 
(c) S.I. 2006/346 amended by S.I. 2009/2792.  
 2(2) Resale right— 
(a) is transmissible as personal or moveable property by testamentary disposition or in 
accordance with the rules of intestate succession but only to a natural person or a 
qualifying body; and 
(b) may vest by operation of law in the personal representative of a deceased person. 
(3) Resale right may be further transmitted to a natural person or a qualifying body by 
any person to whom it passes under paragraph (2)(a). 
(4) Resale right may be transmitted as bona vacantia. 
(5) Resale right may vest by operation of law in an official receiver (or in Northern 
Ireland, the Official Receiver for Northern Ireland) or a trustee in bankruptcy. 
(6) Where resale right is transmitted to more than one person it belongs to them as owners 
in common.”. 
6. For Regulation 10 (Requirements as to nationality), substitute— 
“Requirements as to nationality 
10. Resale right may only be exercised in respect of the sale of a work where its author 
is— 
(a) living at the date of the sale and is at that date a national of— 
 (i) an EEA state; or 
 (ii) a state the legislation of whic h permits resale right protection for authors from 
EEA states and their successors in title; or 
(b) deceased at the date of the sale and, at the date of the author’s death, the author 
was a national of a state falli ng within paragraph (a)(i) or (ii).”. 
7. In regulation 16 (Transitional provisions)— 
(a) in paragraph (2), after “qualifying individual ” add “within the meaning of regulation 
10(3) as originally enacted”; and 
(b) in paragraph (5), after “9(2) and (3)” add “as originally enacted”. 
8. For regulation 17 (Sales before 1st January 2012) substitute— 
“Review of Regulations 
17.—(1) The Secretary of State must from time to time— 
(a) carry out a review of these Regulations, 
(b) set out the conclusions of the review in the report, and (c) publish the report. 
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have 
regard to how Directive 2001/84/EC of the European Parliament and of the Council of 27th 
September 2001 on the resale right for the benefit of the author of an original work of art( a) 
(which is implemented by means of these Regul ations) is implemented in other member 
States. 
(3) The report must in particular— 
(a) set out the objectives intended to be achiev ed by the regulatory system established 
by these Regulations, 
(b) assess the extent to which those objectives are achieved, and 
                                                                                                                                            
(a) OJ  No.  L 272, 13.10.2001, p32.  
 3(c) assess whether those objectives remain appropri ate and, if so, the extent to which 
they could be achieved with a sy stem that imposes less regulation. 
(4) The first report under this regulation must  be published before the end of the period of 
five years beginning with the 1st January 2012. 
(5) Reports under this regulation are afterwards to  be published at intervals not exceeding 
five years.”. 
9. Schedule 2 is revoked. 
 
     
 Judith Wilcox  
 Parliamentary Under Secretary of State for Business, Innovation and Skills 
29th November 2011 Department for Business, Innovation and Skills 
  
EXPLANATORY NOTE 
(This note is not part  of the Regulations) 
These Regulations amend the Artist’s Resale Right  Regulations 2006 (“2006 Regulations”) that 
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 aut hor of an original work of art (OJ No L272, 
13.10.2001, p 32) (“the Directive”). The 2006 Regula tions also amount to the implementation, by 
the United Kingdom, of the option given by Article 14ter of the Berne Copyright Convention 
(Cmnd. 5002). 
Regulation 3 amends regulation 2 of the 2006 Regulations by removing the definition of 
qualifying individual. This am endment is consequential to the amendments to regulation 10. 
Regulation 4 amends regulation 7(4)(c) by removi ng the requirement that a foreign charity 
needs to have its central administration in the specific countries previously listed in Schedule 2 in 
order to be a “qualifying body”. 
Regulation 5 amends regulation 9 so as to bring together all the provisions relating to 
transmission of resale right. It incorporates the prov isions previously found in regulation 10 which 
provided that resale right may vest by operati on of the law in personal representatives, official 
receivers and trustees in bankruptcy. 
Regulation 6 amends regulation 10 so as to omit th e reference to the countries listed in Schedule 
2 and to make clear that resale right may only be exercised by authors of non EEA states where 
the legislation for that stat e affords resale right protection to aut hors of EEA states and to their 
successors in title. The amendments to Regulation 10 make it clear that there are no nationality 
requirements for heirs of artists who them selves qualify for artist’s resale right. 
Regulation 7 amends regulation 16. This amendment  is consequential on the amendments made 
to regulations 2, 9 and 10. 
Regulation 8 inserts into the 2006 Regulation a new regulation 17 which require the Secretary of 
State to review the operation and effect of the 2006 Regulations and publish a report within the 
period of 5 years beginning with the 1st January 2012 and within every five years after that. 
Following a review it will fall to the Secretary of State to consider whether the 2006 Regulations 
should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the 2006 Regulations or to amend them. The old regulation 17 which is being replaced will 
no longer be necessary from the date that these Regulations come into force as it contains 
transitional provisions which will at that date become spent. 
Regulation 9 revokes Schedule 2 of the 2006 Regul ations which lists the countries outside the 
EEA whose nationals may enjoy resale right wh ich is unnecessary in the light of amendments 
made to Regulation 10. 
A full impact assessment of the effect that this in strument will have on the costs of business is 
available from the Intellectual Propert y Office, Room 3B46, Concept House, Cardiff Road, 
Newport, NP10 8QQ and is annexed to the Explanatory Memorandum which is available 
alongside the instrument on www.legislation.gov.uk. 
____________________________________________________________________________________________________________ 
 
¤ Crown copyright 2011 
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E2137 12/2011 112137T 19585 9 780111 518724ISBN 978-0-11-151872-4