What are artist resale rights?

The Artist’s Resale Right ( ARR ) entitles creators (‘authors’) of original works of art (including paintings, engravings, sculpture and ceramics) to a royalty each time one of their works is resold through an auction house or art market professional.

Do artists get paid when their work is resold?

The right would apply to works of art sold at auction, if the auction house conducts at least $1 million in sales annually. The amount of the payment to the artist is 5% of the purchase price of the artwork, but it is capped at $35,000. Works of art selling for less than $5,000 are exempt from the royalty payment.

Do visual artists get royalties?

Yet while visual artists are entitled to royalties on commercial reproduction, there is currently little to no legal recourse for them to benefit from the resale of their work. For a legacy interest to be codified across the US, legislation implementing a so-called droit de suite would have to pass Congress.

Is it legal to resell art?

Yes, this is legal under the doctrine of first sale. In general, under the law, distribution is an exclusive right of the copyright holder.

How are artists resale rights calculated?

How are resale royalties calculated? The artist’s royalty depends on the resale price. The higher the sale price of the artwork, the lower the overall royalty rate. The royalty is worked out according to a sliding scale from 4% to 0.25%.

What percentage is artist resale rights?

This depends on the resale price. The higher the sale price for the artwork, the lower the overall royalty rate. Your royalty is worked out according to a sliding scale from 4% to 0.25%. Royalties are calculated on the sale price for galleries and dealers and the hammer price for auction houses, excluding VAT.

Do artists make money from auctions?

Materially speaking, artists only benefit from sales when their works are sold on the primary market, meaning a collector purchased the work from a gallery or, less frequently, from the artist himself. When a work sells at auction, the artist doesn’t benefit at all.

How does droit de suite work?

Artist’s Resale Right / Droit de Suite is a royalty payable to a qualifying artist or the artist’s heirs each time a work is resold during the artist’s lifetime or up to 70 years after the artist’s death.

What is the standard artist royalty rate?

10% to 25%
Under the traditional recording agreement, recording artist royalties usually range from 10% to 25% of the suggested retail price for top-line albums (although many record companies have begun to compute royalties on the wholesale price).

Is reselling copyrighted?

The first-sale doctrine (also sometimes referred to as the “right of first sale” or the “first sale rule”) is an American legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property.

Is it legal to resell art prints?

You are allowed to copy anything you want. A copy of an artwork may not be sold, publicized or published unless the owner of the copyright has given permission. Furthermore, it is illegal for an original work of art to be published and sold with significant similarities to another original work.