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Resale rights at issue
Marlene Lyng



RISING rents, the whims of fashion, property speculation and new methods of business operation are just some of the things that face antique dealers today. Plus ca change.

But there's nothing like new money, property speculators setting their eyes on flea markets and droit de suite (artists' rights to resale revenues) to set the cat among the dealers. In the latter case, if levies on art sales are too high to benefit artists or too complex to apply, there are bound to be ruffled feathers.

While Ireland is sorting out its own procedure for artist's resale rights, dealers in Britain are angry at the way droit de suite levies have been applied there.

Having expected a levy on works sold for over 3,000, they got a 4% levy on works over 1,000. They did not want compulsory collection by an agency but got exactly that, as the UK government introduced a regime stricter than required by EU directives.

Dealers say that compulsory collection of fees by a new agency raises questions as to why taxpayers' money is being spent in this way when auction houses could do the job. Why can't auction houses deal with the droit de suite issue themselves, they ask.

And who is to get the surplus, and how, if unclaimed fees build up.

There are reasons why an independent agency may be best, says Conor O'Brien at the Department of Enterprise Trade and Employment, which is working on Irish legislation on the issue, and they will become clear when the bill is published.

The department cannot say at this point what the levy percentage will be, on what sum it will be levied, nor how the bill will be implemented, O'Brien says. "It will take two or three months to sort this out and it should be ready before the end of the year.

There is no point in speculating now about fees and amounts since they could change from day to day."

Not all artists are in favour.

Landscape artist Dominic Penny, for instance, says he does not want a resale right on his art. Penny, who also deals in art, is annoyed at what he calls Brussels' interference in his copyright, his right to form a contract and his right to say who should benefit from his estate.

He says he will not buy or sell any objects subject to the levy because of the paperwork involved.

"As soon as the new laws applying to the resale of works of art in Ireland come into force, all my paintings will be stamped with a waiver so that they can be bought or sold freely, " Penny says in an interview in the Antiques Trade Gazette.

Penny may not have the right to introduce such a waiver, though, if Irish legislation precludes it as British law does. Publication of the bill later in the year may sketch a clearer picture.

DIARY
25 January: O'Reilly's fine art, jewellery, silver and painting auction, Francis Street, Dublin
29 January: Mullen's fine art and furniture sale, Laurelpark, Woodbrook, Bray, Dublin
30 January: Garrett O'Connor Russian Art Auction, Radisson Hotel, Stillorgan Road, Co. Dublin
5 February: Dublin Toy and Train Fair, Clontarf Castle Hotel, Castle Avenue, Clontarf
5 February: De Veres General auction of Irish art, RHA Gallagher Gallery, Ely Place, Dublin 1
22 February: Whytes' Irish Art auction, RDS, Dublin 4




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