Artists living in Europe take note: under a European law called the Artist's Resale Right you may be entitled to some of the money when one of your paintings is resold. So, what's the catch, besides it not always being easy to know when you're paintings are resold?
Well, firstly, Artist's Resale Right doesn't apply to be a painting you're selling for the first time (well, you get money from that anyway!). Secondly, the artwork must be sold for more than 1,000 euros. Thirdly, there must be a gallery, dealer, auction house, or agent involved in the sale. Sales between private individuals and between an individual and a museum don't qualify for Artist's Resale Rights. Oh, and you still need to be alive and the painting still your copyright to get Artist's Resale Right.
What Artist's Resale Rights Means to an Artist
If the sale meets the two criteria above, then a sliding scale of royalties applies, from four to 0,25 per cent. The higher the price of the painting, the smaller the royalty. The scale looks like this:
- From 1,0000 to 50,000 euro = 4%
- From 50,000.01 to 200,000 euro 3%
- From 200,000.01 to 350,000 euro 1%
- From 350,000.01 to 500,000 euro 0.5%
- More than 500,000 euro 0.25%
How Do You Get the Money for Artist's Resale Rights?
Don't sit around waiting for the postie the day after an art auction, you're not going to get a cheque straight from the gallery. You'll need to register with one of the approved collecting agencies which manage copyright and related rights. For example, the Design and Artists Copyright Society in the UK.
What Artworks Qualify for Artist's Resale Rights?
The legislation defines an artwork as "any work of graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware or a photograph." It also says that "a copy of a work is not to be regarded as a work unless the copy is one of a limited number which have been made by the author or under his authority."
Got other questions regarding the Artist's Resale Right? Then check out the comprehensive Artist's Resale Right FAQ from the UK Design and Artist's Copyright Society in the UK.
