On the Resale Right Directive


ECA contributed to European Commission's consultation with the following comment to the Directorate General for Internal Market and Services on 11 March 2011:


Submission to the European Commission Consultation on the implementation and effect of the Resale Right Directive (2001/84/EC)

The European Council of Artists (ECA) – an umbrella for interdisciplinary artists' councils and professional artists' associations from 26 countries both with in and without the EU – representing an estimated 220,000 professional artists, welcomes this opportunity to participate in the Commission's consultation process regarding the implementation and effect of the Resale Right Directive (2001/84/EC).

ECA strongly supports the concept of Droit de Suite | Visual Artists' Resale Right, which is in effect in most European Union countries and because it is important that visual artists and their heirs across the EU have equal opportunity to benefit from this instrument, we welcome the fact that the Resale Right Directive will come into effect in the remaining six countries from the beginning of 2012.

Authors, composers and the creators of other forms of Intellectual Property and their heirs benefit financially from the continuing sale and increased worth of their protected material. The Resale Right Directive (2001/84/EC) affords visual artists some degree of parity in this regard.

ECA regrets that some sectors of the art market are calling for restrictions to the scope of the Resale Right Directive (2001/84/EC), for a reduction in the rate paid to artists or their heirs as well as the period for which the right is in effect.

ECA will oppose any diminution of the Resale Right Directive (2001/84/EC) and will happily engage further with the Commission in the coming months to protect and enhance the rights of artists.

Yours faithfully,

Michael Burke
president ECA