L.N. 174 of 2006 COPYRIGHT ACT
(CAP. 415) Artists’ Resale Right Regulations, 2006
IN exercise of the powers conferred by article 59 of the Copyright Act, the Minister for Competitiveness and Communications has made the following regulations>
3. In these regulations, unless the context otherwise requires – “art market professional” inter alia means sales rooms, art galleries and dealers in works of art in general< “author”, in relation to a work, means the person who creates
the work< “collecting society” has the meaning given in regulation 11< “contract date”, in relation to a sale, means the time at which
the contract of sale of the work was made< “copyright” has the meaning given in article 2 of the Copyright Act< “EEA State” means a Member State, Iceland, Liechtenstein or Norway< “resale” refers to the sale of the work by the art market professional after the first transfer of ownership by the author< “resale right” and “resale royalty” have the meaning as given in regulation 4<
Title.
Purpose.
Definitions.
Cap. 415.
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The resale right.
Applicability.
Limitations.
“sale price” is the price obtained for the sale, net of the tax
payable on the sale, and converted into euro at the European Central
Bank reference rate prevailing at the contract date<
“the seller” means the person or undertaking on whose behalf the sale is conducted<
“transfer of ownership by the author” includes in particular –
“work” means any work of graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware and a photograph>
Provided that a copy of a work is not to be regarded as a work unless the copy is one of a limited number which have been made by the author or under his authority.
(2) The royalty shall be payable by the art market professional who effects a sale of the work which is a resale subject to the first transfer of ownership by the author.
6. (1) The resale right shall not apply in the case of a work which fulfils the following two conditions>
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(a) the seller previously acquired the work directly from the author less than three years before the sale< and
(b) the work has a sale price not exceeding 10,000 euros.
Provided that the persons effecting the sale are so doing in their personal capacity.
7. The royalty provided for in regulation 4 shall be calculated as follows>
Provided that the total amount of royalty may not exceed euros 12,500 and the sale prices referred to above are net of tax.
8. (1) The royalty provided for in regulation 4 shall be payable to the author of the work and, after his death, to his successor.
Royalty calculation.
Entitlement to royalties.
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Persons entitled on succession.
Term of resale right.
Collection of royalties.
Right to information.
(2) A successor in title shall benefit from the resale right only after 2010 in respect of a resale which takes place after that date>
Provided that the Minister may by order extend the above commencement date until 2012 after representations made by Malta with the European Commission.
9. (1) The resale right in respect of a work is transmissible by testamentary disposition or in accordance with the rules of intestate succession< and it may be further so transmitted by any person into whose hands it passes.
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application shall be secured on the other party who shall also have a right to reply.
(5) Information obtained under this regulation shall be treated as confidential.
Requests as to
13. (1) The resale right may only be exercised in respect of a
nationality.
sale by a natural person who is a national of an EEA State.
(2) An author who is a national of a third country and his successors in title shall enjoy the resale right in accordance with this regulation only if, the legislation in the country of which he or his successor in title is a national, accords resale right protection to authors from the Member States of the European Union and their successors in title.
Transitional
14. (1) The provisions of these regulations –
provisions.
(2) Subject to the provision of regulation 8, where an author of a work who is also the owner of copyright in the said work died before the commencement of these regulations, he shall be deemed to have transferred his resale right to his successor in title.