*STOP PRESS: Artists Resale Right Introduced in Ireland*
Yesterday the Department of enterprise Trade and Employment issued a press release saying that the government has introduced temporary measures that will allow artists to benefit from the Artists Resale Right in advance of full legislation, which is expected early in 2007.
A news item can be found on the VAI website here:
www.visualartists.ie/sfr_news.html#resaleright
A press release issued by IVARO can be found here:
www.visualartists.ie/sfr_news.html#ivaroresale
Visual Artists Ireland (VAI) is committed to promoting the visual arts and the interests of all artists in Ireland. As part of this commitment to on-going equity for artists, VAI launched IVARO in June 2005 to promote and administer royalties and the pending Resale Rights for Irish artists.
According to the VAI website: “The principle of the Artists Resale Right is that it allows visual artists and their estates to a share in the increased value of their artworks whenever they are resold through auction or other public sale. The Artists Resale Right is a type of copyright that is currently provided for by legislation in a majority of EU states. Ireland is currently an exception and does not operate the artists resale right.” However, VAI hopes that the Resale Right will be in force by early 2007. The process of drafting legislation for introducing the Artists Resale Right in Ireland has been slow but is currently underway.
The principle reason for launching IVARO is to have an established organisation in place by the time the Resale legislation is effective. IVARO collects and distribute royalties for the reproduction of visual works of art on behalf of its artist members and will also assist with the collection and distribution of the Artists Resale Right once it is established. As part of the overall campaign for artist royalties and Resale rights, VAI and IVARO have been encouraging artists to put pressure on Switzerland, who like the USA has refused to implement the appropriate legislation under its revised Copyright Act. Both organisations are behind a petition that urges the Swiss government to “do the right thing” by its artists and to legislate in support of Resale Rights for artists. The main contention being that a wealthy country like Switzerland has no moral defence in allowing itself to become a potential centre of Resale Rights avoidance in Europe.
Organisations such as IVARO have an important role to play in the collection of artist royalties and in public campaigns that raise awareness for the rights of artists. When a visual work is created, the artist automatically owns the copyright in it. Therefore, the artist is entitled (even following the sale of the original work) to receive a royalty every time the work is copied for any purpose; this includes publication in a book, broadcasting and being reproduced as a print, etc.
IVARO is promoted and supported by Visual Artists Ireland (VAI), the Copyright Association of Ireland (CAI) and the Irish Copyright Licensing Agency (ICLA). Registered as a not-for-profit company (limited by guarantee), the development of a mandate for IVARO will be one of the first tasks of the organisation. All new artist members will be asked to sign the mandate, or an authorisation that permits IVARO to represent them and collect their royalties.
In response to recent losses of income, the Irish Artist Robert Ballagh (and an interim IVARO board member) is bringing court proceedings against the Irish Government. Ballagh claims that he has incurred financial losses due to their failure to implement the EU Directive on the Artists Resale Right.
The Directive, which was due to come into effect across the European Union on January 1st, 2006 and which has already been implemented in the UK, is still in limbo in Ireland. As a number of Ballagh’s works have been sold at auction over the past few months, Ballagh is arguing that the State has had 5 years to implement the Directive and that he is being discriminated against because of the Government’s failure to draw up the legislation in time.
One of Ballagh’s artworks was recently sold for 26,000 Euro. The royalty that the artist receives is based on a sliding scale stating at 4 % for works valued up to 50,000 and ending with 0.25% for works valued at over 500,0000. In this case Ballagh would have received a royalty of 1040 Euro had the legislation been in place. Many other works by other artists were sold at the same auction meaning that many more artists are presently incurring significant financial loses.
Ballagh went before the High Court seeking to bring judicial review proceedings aimed at speeding up the process of having the Directive implemented. In addition he is seeking damages for the financial losses incurred over the past few months. In Court, the State sought an adjournment for 4 weeks but was granted only three by the Judge. The case is continuing.
The only statement from the Government so far regarding implementing the legislation is that an interdepartmental committee has been drafting a new Intellectual Property Bill of which the Resale Right forms a part.
IVARO is extending an open invitation to all visual artists to become members. There is no membership fee. IVARO also encourages copyright heirs and the assignees of visual artists to also become members, during the copyright term of the artist.
In the first instance, it is important that IVARO secures the largest and widest possible membership of visual artists as this will give it the necessary credibility to function effectively on behalf of artists. IVARO will also provide members with current copyright information and IVARO membership will entitle artists to contact the organisation with copyright queries. IVARO does not aim to represent members in infringement proceedings, but will be able to offer basic advice and assistance. In due course, it will also run copyright information seminars and workshops.
IVARO is already engaged in the process of forging connections and affiliations with other similar international bodies; for example, EVA (European Visual Artists), an umbrella body for European visual artists collecting bodies, and CISAC, the International Confederation of Societies of Authors and Composers, another umbrella body for representative organisations.
IVARO envisages that through such Reciprocal Rights Agreements, it will be able to collect royalties due to Irish artists for reproduction of their works in other countries. It will similarly collect in Ireland and remit to foreign societies- royalties due to foreign artists for reproduction in Ireland.
The promotion of IVARO and related issues in the media is just one strategy aimed at discouraging and containing the copyright infringement of artists’ works. Potential users will become increasingly aware that legitimate permission to reproduce works can be easily applied for through IVARO. Promotion of IVARO and Resale Rights will also raise awareness of copyright issues amongst users.
“Seed funding” has been made available to establish IVARO as a collecting society. Most collecting societies are funded by deductions from their collections and by grants. Visual Artists Ireland, the Irish Copyright Licensing Agency and the Copyright Association of Ireland support IVARO. IVARO intends to apply to the Arts Council, to CISAC and to other EU bodies that provide development funds for new organisations.
.
The European Commission is currently preparing a directive/code of conduct to regulate aspects of the governance of copyright collecting societies. This is an important step and the supporters of IVARO believe that transparency and accountability in the operation of any collecting body is crucial to its on-going credibility and function. IVARO has been constituted as a membership organisation in which the board will be fully answerable to its artist members.
In a bid to raise awareness of the importance of Artists Resale Rights, VAI researcher Niamh Looney disseminated the information sent to her by European Visual Artists (EVA) on the situation in Switzerland. The Swiss government has to date shown little interest in supporting the rights of artists to Resale royalties. VAI has received more than 170 signatures from their email subscribers in support of EVA’s campaign. The petition has been sent to the Swiss government in an attempt to put pressure on Switzerland to adopt the EU Resale Rights.
VAI as an organisation is clearly doing its job to highlight the need for the Artists Resale Right to be available to Irish artists. In maintaining a strong profile for artists and their rights and securing support for the EVA petition VAI assists and demonstrates its long-term vision with regard to this important issue.
In a world that values and even fetishizes art and artists; the work of VAI and IVARO serves as a timely reminder that artists also have the right to be paid
Royalties for the on-going use of their works.
*STOP PRESS: Artists Resale Right Introduced in Ireland*
Yesterday the Department of enterprise Trade and Employment issued a press release saying that the government has introduced temporary measures that will allow artists to benefit from the Artists Resale Right in advance of full legislation, which is expected early in 2007.
A news item can be found on the VAI website here:
www.visualartists.ie/sfr_news.html#resaleright
A press release issued by IVARO can be found here:
www.visualartists.ie/sfr_news.html#ivaroresale
VAI petition to support EVA and Swiss Resale Rights
Dear Artist,
Visual Artists Ireland (VAI) are asking for you to support a petition which has been prepared by European Visual Artists (EVA) in order to push for the introduction of the Artists Resale Right in Switzerland.
If the Swiss Government does not include the Resale Right in a new Copyright Act that they are currently drafting there is a distinct possibility that sales of art may migrate there from EU countries in order to avoid paying the Resale Royalty to artists. This could adversely affect the income of artists and the Irish art market and therefore VAI strongly endorse this petition.
The Swiss government had stated that they would introduce the Resale Right once the EU had done so. However, thus far they have made no movement to do so. The Resale Right came into effect in all EU member states on January 1st 2006 in order to eliminate trade distortions between those countries which had the Right and those countries, such as Ireland and the UK, which did not. There are reciprocal arrangements between countries that have the Resale Right so that artists will still receive royalties even if their work is resold in another country. By failing to legislate for the Resale Right in their new Copyright Act Switzerland denies its own and other European artists from the modest assistance which Resale Royalties can provide.
Any additional show of support for this issue (by signing the petition) is welcome. Kindly include your email address and return it to info@visualartists.ie
The EVA Petition for Artists Resale Rights in Switzerland
In most of the European countries we, the artists, have benefited from a – albeit small – share of profits gained with the Resale of our works. As of January 2006 finally all of our colleagues in the European Union will benefit from this right. Likewise, we can follow calmly the resale of our works in Europe because the Resale Right is based on reciprocity.
However, this rule does unfortunately still not apply in all countries on the European continent, for instance not in Switzerland. Although Switzerland has a very important art market and a lucrative financial market at that- it does not intend to grant authors the Resale Right. Hence not only our Swiss colleagues are disadvantaged but also potentially- all European artists.
We are stunned that in this rich country, on the one hand, obviously everything is done to provide the art market professionals with good conditions and to at least attract as many art dealers and auctioneers from third countries as possible. However, on the other hand, the legitimate interests of authors who have created the works – are simply ignored.
We find the behaviour of the Swiss government appalling and urge the Swiss legislator to give up its protectionist policy and to finally introduce the Resale Right for authors into the revised Copyright Act.
This petition was signed by:
Name: …………………………….
Email: …………………………….
For more information regarding the Swiss Resale Rights petition contact,
Niamh Looney at VAI: info@visualartists.ie
Visual Arts Ireland (VAI) is an all Ireland body for professional visual artists. It provides services, facilities and resources for artists, initiates artistic projects and publications and advocates on behalf of individual artists. VAI was established in 1980 and has a current membership of over 1,000 artists.
To read more about the Resale Right and the establishment of IVARO go to:
www.visualartists.ie/alr_ivaro.html
For more information go to:
www.visualartists.ie
www.icla.ie
www.cai.ie
www.dacs.org.uk
