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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

Comments

  • Shani Sohn
    Shani Sohnalmost 3 years ago

    This is interesting. Thanks for the info Janis.

  • You’re very welcome…if you’re not already a member of Carfac, you should join…it’s well worth the fee…

    – © Janis Zroback

  • eoconnor
    eoconnoralmost 3 years ago

    INTERESTING AND INFORMATIVE !lIZ))

  • A lot of artists don’t know their rights when it comes to resale….soon in Canada, we too can make money when work is resold….maybe the U.S. will follow too…right now it’s only in California..

    – © Janis Zroback

  • LindaR
    LindaRalmost 3 years ago

    good insight Janis ~ thanks for sharing ~ I hope it does spread nationwide here in the states :) xx

  • That is why I brought up the subject…local art groups can lobby their representatives to bring in the legislation so that artists can receive their just dues…after all it’s been law in France since 1920…imagine selling your work and then have the person sell it on for a huge profit…not fair at all..

    – © Janis Zroback

  • artsmitten
    artsmittenalmost 3 years ago

    oh I didnt claimed to gallery.. Thanks Zanis for bringing this up in light i wasnt a bit aware abt that , in my last 2 sales :( though the buyer contacted me ..and i got info that he bought in almost double of the price i received :( , i wonder do galleries here even know about that ??? . please cover someday about digital commissioned art work’s ..andartists rights if possible , xx :)

  • Where do you live Smita? ….I can tell you if you can get money owed to you and how to get it….

    – © Janis Zroback

  • João Figueiredo
    João Figueiredoalmost 3 years ago

    Remarkable! Thank you so much for this post!!

  • You’re very welcome….I hope to make people aware of their rights…

    – © Janis Zroback

  • João Figueiredo
    João Figueiredoalmost 3 years ago

    Actually I learned at univ that according to the EU rules the author rights over a creation (invention, art work, writing, etc…) is on until 70 years after the death of the autor, but I didn’t know about the things you wrote…

  • That’s copyright laws….the right of resale is different…

    – © Janis Zroback

  • F.A. Moore
    F.A. Moorealmost 3 years ago

    How wonderful. I hope it’s widely adopted in the States.

  • It’s been law in France for almost a hundred years and is in all of Europe too…only California has adopted it…. artists have to lobby for it otherwise it won’t get done…

    – © Janis Zroback