Resale right: agreement with the United Kingdom in the context of Brexit
The European Union and the United Kingdom managed in extremis, on December 24, 2020, to agree on a trade and cooperation agreement, which should govern the post-Brexit era, in particular as regards the resale right.
One of the major challenges, for the authors, was the maintenance or not in British law of the rules for the protection of copyright stemming from European legislation, and in particular those relating to the resale right, that art dealers English have never really been carried in their hearts.
In 2016, ADAGP mobilized strongly with the French government and the head of negotiations, Michel Barnier, to warn of the need to preserve this essential right for artists. But until the end, things remained uncertain.
In the end, the outcome is happy since the agreement reached provides for the maintenance of all authors’ rights, including the resale right, expressly enshrined in Article IP.13.
This is excellent news for European artists and their beneficiaries, who will continue to receive resale rights when their works are resold in the United Kingdom, but also for British artists, who will also benefit - for example application of the principle of reciprocity - when reselling their works on the territory of a Member State of the European Union.
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