WRITTEN QUESTION No. 1883/97 by Amedeo AMADEO to the Commission. Right of resale
Date: 1997-06-02
Institutions: AMADEO, European Parliament
Subjects: EC Directive, European Economic and Social Committee, European Parliament, copyright, drafting of EU law, international negotiations, sale, single market, third country, work of art

10. 2. 98

EN

Official Journal of the European Communities

C 45/119

Answer given by Mr Monti on behalf of the Commission

(10 July 1997)

The Commission is aware of the fact that, in its opinion on the proposal for a Directive on the resale right for the
benefit of the author of an original work of art (1), the Economic and Social Committee called for collecting
societies to play a key role in gathering information on the sale of original works of art. It should be pointed out
that the role of collecting societies is already recognized in the proposal for a Directive, Article 6(2) of which
permits Member States to provide for the collective management of the resale right. When the amended proposal
is drafted, the Commission will examine the suggestion put forward by the Economic and Social Committee.

(1)  COM(96) 97.

(98/C 45/152)

WRITTEN QUESTION E-1883/97

by Amedeo Amadeo (NI) to the Commission

(2 June 1997)

Subject: Right of resale

The  Economic  and  Social  Committee  has  issued  an  opinion  on  the  (cid:145)Proposal  for  a  European  Parliament  and
Council Directive on the resale right for the benefit of the author of an original work of art(cid:146) (COM(96) 0097 final
› 96/0085 COD) (1).

The Commission(cid:146)s proposal for a directive is intended to establish a harmonized legal system for the right of
resale.

Harmonization of the right of resale within the European Union is the first step towards the general establishment
of this right in all the countries of the EEA as well as the CEECs, the Baltic States and the states of the CIS, linked
to the European Union by association or partnership and cooperation agreements.

Will the Commission do everything possible to extend the right of resale at international level, in international
organizations and in multilateral and bilateral negotiations with third countries, in the interests not only of artists
but also of those selling works of art?

(1)  OJ C 178, 21.6.1996, p. 16.

Answer given by Mr Monti on behalf of the Commission

(10 July 1997)

As the Commission pointed out in the explanatory memorandum to its proposal for a Directive on the resale right
for the benefit of the author of an original work of art, the artist’s resale right is already recognised at international
level by Article 14ter of the Berne Convention for the Protection of Literary and Artistic Works (as revised by the
1971 Paris Act), pursuant to which countries of the Berne Union are free to decide whether or not to introduce the
right into their domestic law. A large number of non-EU countries already recognise the artist’s resale right.

It has always been the Commission’s practice in the past when negotiating agreements with third countries to
ensure that the resulting agreements afford a high standard of protection for intellectual property, in accordance
with  the  principles  established  in  the  applicable  Community  legislation.  As  far  as  the  artist’s  resale  right  is
concerned, however, it should be borne in mind that the Commission’s proposal has so far received only the
opinion of the Economic and Social Committee and that of Parliament at first reading. It would therefore be
premature to include principles ensuring that the artist’s resale right is protected in agreements concluded with
third  countries  or  under  the  auspices  of  international  organisations  before  such  protection  is  ensured  at
Community level.

Clearly, once the proposal has been adopted, the Commission will begin making the necessary approaches with a
view to including protection of the artist’s resale right in such agreements.