Along with the spectacular rise in property prices in recent years, there has also been a boom in the art market here, especially in the auction arena.
It has not only been the works of the highly coveted past masters - Paul Henry, Yeats, Lavery, O'Conor and others - that have leapt in value; many living artists have seen their work change hands at auction, often in the space of a few years or less, for prices far exceeding their original values. Not only shrewd investors in art but also dealers and auctioneers have been doing very well indeed.
The regulation, announced last week, to provide those living artists with a percentage of the resale value of their work, is not only just, but a just reward that is overdue.
To comply with an EU directive, known as droit de suite, the Government has introduced limited resale rights almost six months after they were due and in the aftermath of a court challenge to their delay by artist Robert Ballagh, whose claim that he has lost €10,000 in that period gives some sense of market activity in contemporary art. However, full implementation of the directive awaits a new Intellectual Property Bill to come before the Dáil at the end of the year. The resale right, as of now, applies to all work sold above a €3,000 threshold; that limit will be lowered to €1,000 as part of the legislation, to the benefit of a far greater number of artists. That is as it should be - the artist's 4 per cent share of resale is a modest enough return.
Perhaps the most difficult issue legislators will need to debate and resolve is the matter of how long after an artist's death the resale entitlement should extend to the estate and heirs. Should it stop with immediate dependants or continue further down the family line, and for how many years? It is unfortunate that this "complex matter" is holding up royalties for the families of deceased artists - that is where support is often most needed.
The majority of artists would not be noted for their ability to fund pension plans, particularly some who predeceased the current uplift in the value of their work. At least, there is no intention by the Government to seek a derogation period for payment to heirs, an option that exists under the directive. Another matter of contention seems likely to be the collection and disbursement of the royalty. It has been reported that dealers and auctioneers may legally challenge this aspect of the legislation - using client confidentiality as their reason for doing so. Such lack of support for the artists seems ungracious and self-serving at a time when they are making considerable profit from the creativity of Irish artists.