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Resale rights...

Did you know that you might have a right to a percentage of the sale price if your art is resold through a gallery or auction house?

The Artist Resale Right (ARR) entitles visual artists to share in the ongoing commercial successes of their work by entitling them to a percentage of the sale price each time their work is resold through an auction house or commercial gallery.
The ARR was first introduced in France in 1920.
This initiative was subsequently widely adopted by the European Union, and today, 59 countries world‐wide have endorsed the ARR.
In September 2001, the European Parliament and the Council of Europe issued
a directive requiring member states to institute the ARR in their copyright policies. A number of European countries – including, recently, the United Kingdom and Ireland, have introduced it into their legislation.
In North America, California has adopted such a provision, and Australia recently adopted an ARR into legislation.
An implication of the ARR is that it allows for a significant income potential for
artists, who currently rely primarily on other sources of income to make a
living, and secondly on sales and exhibition fees.
The establishment of this new right will allow artists to achieve a more sustainable living income based on the value of their own work, and in a way that will not be taxing on public funding availability.
The ARR provides a valuable income source for artists; in the UK alone, over £10.5 million in resale royalties have been collected for over 1800 artists since 2006.
In Canada, CARFAC, a union of Canadian artists, to which I belong, are now lobbying for this law to be introduced here

Example…a Canadian artist sold a work for 250.00 which was subsequently resold for $10,000.00…under the ARR he would receive 5% of that sale….

Find out what are your rights wherever you live in the world, and if the ARR is in force…you might be entitled to a percentage of the sale price of any of your works that have been resold

Journal Comments

  • Shani Sohn
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