Their graphic evidence emerged on March 6 at a Paris conference at the Maison des Arts et Metiers organised by the Conseil National du Marché de l’Art (CNMA), an umbrella organisation representing various different sectors of the French art market. They were there to brief the French press on what they now see as the excessive elements of the levy and how it is an impediment to European competitiveness.
Bearing in mind that it was the French who first introduced the idea of a national artists’ resale levy in 1920 and were keen to apply it across the European Union, this constitutes quite a turnaround.
The levy was imposed by EU directive following a European Parliament vote in 2001. Because it was a Qualified Majority Voting matter, there was no option for member states to veto the measure.
Britain and certain other EU member states have been allowed to confine the right to works by living artists until 2010 – possibly extended to 2012 – but after that it must also apply to works by artists who have been dead for less than 70 years.
Now other countries want the European Parliament to extend that derogation to all member states and maintain it until such time as overseas markets, particularly the United States and Switzerland, agree to adopt droit de suite – ie indefinitely – thereby ensuring a worldwide level playing field.
There is further concern about the emerging threat from the Indian and Chinese markets, which do not charge a levy either and could siphon off market share.
By January 2009, the European Commission is due to submit a report on the application of the present directive with particular emphasis on the EU’s competitiveness in the modern and contemporary art market. Those at the Paris conference see this as the date by which they must win their argument for an unlimited derogation.
Delegates outlined the pan European initiative to persuade the EC to change its mind, debating the issue amidst a certain amount of light-hearted comment from CNMA president Herve Poulain, about a “holy alliance of European operators”, “nos amis Britanniques” and a great “entente cordiale”.
Recognising that any bid to modify the legislation requires a concerted and unified effort from all EU members, the CNMA had gathered together equivalent art market bodies from several other countries. As well as Herve Poulain and Christian Deydier (representing the French antique dealers) there were representatives from Belgium, Germany, Italy, Sweden and the UK. All stressed the need to speak as one.
The British Art Market Federation chairman Anthony Browne told the French press: “What is not new is that Britain has been against droit de suite for some time. What is new is that there is a groundswell of opinion across Europe against this directive.
“It is not about whether droit de suite is good or bad, but Europeans by harmonising alone without the rest of the world will sacrifice a part of the art market”.
By Anne Crane
Europe wakes up to threat of droit de suite
There are signs that many other member states are waking up to Britain’s warning of the threat of droit de suite, or the artists’ resale right, to the European art market.
