§ Lord Freybergasked Her Majesty's Government:
Whether living artists who have given works of art to public collections are entitled to a share of the profits when their works are leased to private commercial organisations. [HL202]
§ Lord Simon of HighburyUnder copyright law, artists are granted rights which generally allow them to authorise or prohibit rental or lending of originals or copies of their works to the public. This is as required by Directive 92/100 EEC, which was implemented in the UK by the Copyright and Related Rights Regulations 1996. Artists therefore have legal rights to obtain benefits from leasing of their works, including to commercial organisations. However, any benefits artists derive when they donate a work to a public collection will depend on what arrangements they have made with the collection, including whether they have assigned their rights.