Will the Glitterati Be Affected if They Make Glitter Arty? Jewellery and the Artist's Resale Right (Essay‪)‬

ABSTRACT The Artist's Resale Right Regulations ('ARR'), which were implemented in the United Kingdom in 2006, provide a mechanism by which artists receive a percentage royalty when their works are later resold. The Regulations apply to 'original works of Art', however this term is defined in neither the Regulations nor the original 2001 EU Directive which it implements. It is thus unclear whether the Regulations encompass jewellery. Since 'artistic' jewellery by acclaimed designers can fetch considerable sums, in excess of 1 million [pounds sterling] in at least one case, clarity would be desirable. The imposition of VAT and duties on jewellery, and often intrinsic value, might be taken to differentiate it from other categories of works of art, but these are hard arguments to sustain. If the application of VAT and intrinsic value are the criteria by which an object is excluded from the Regulations, then Damian Hurst's celebrated diamond-encrusted platinum skull would be excluded.