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ARTICLE · 13 JUNE 2012

Artists' Resale Right Extended To Heirs

The resale right conferred on artists has been established in Ireland since 2006.

IrelandIntellectual Property

Originally published on ILO, February 27 2012

The resale right conferred on artists has been established in Ireland since 2006.1 However, Ireland opted not to pass this right on to artists' heirs until the obligatory January 1 2012 deadline set by the European Union.

New regulations which became effective on January 1 20122 extend the resale right to heirs for a period of 70 years after the artist's death, in respect of sales of original works of art whose contract date is on or after January 1 2012. The resale right does not apply only to paintings. 'Original works of art' are defined to include works of graphic or plastic art, such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs. Limited copies of art made by the artist, usually signed and numbered, also fall within the definition of original works.

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