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S.L. 415.3 · Artists’ Resale Right Regulations (S.L. 415.3)

S.L. 415.3 Art. 3Definitions. Cap. 415.

En vigueurTexte officiel

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; "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 -

(a) the sale of the work by the author;

(b) the giving of the work as a gift by the author;

(c) transmission of the work from the author by testamentary disposition, or in accordance with the rules of intestate succession; and

(d) disposal of the work by the author’s personal representatives for the purposes of the administration of his estate; "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.