Are you an artist or the heir to their estate? Did You know the Artist’s Resale Right entitles creators of artistic works to a royalty payment each time their works are sold by an art market professional?
Trawling through the latest Peter Hansen Prestige Collection of British Comics & Artwork (Part 4!) being run by Anderson & Garland this week, I spotted a note that “Droit de suite may apply to this lot”, something I’d never noticed before – but artists should, because you may be missing out on a revenue stream. One that doesn’t just apply to big auctions, but to work of your sold by some eBay sellers, too.
There are also benefits to the heirs of artist’s estates, too.
Expanding the footnote, we’re informed: “Droit de suite – the artist’s resale right of up to 4% on sales of over £1,000 may apply to this lot, this amount will be added to your invoice if you are the successful bidder.”
Well, that sounded interesting, and I thought I’d do some digging, because it turned out some artist friends had never heard of it – despite it being long established, and applicable, apparently to a many art sales since 2006, and a system still in place after Brexit, ten years ago.
As this government web page helpfully outlines, the Artist’s Resale Right entitles creators of artistic works to a royalty payment each time their works are sold by an art market professional.
Since 1st January 2012, the Right was extended in the UK to cover sales of work by deceased artists still in copyright. So beneficiaries and heirs can benefit from it too. In the UK, copyright lasts for the lifetime of the artist, plus 70 years after their death – to the end of that calendar year.
The UK implemented the EU’s Resale Right Directive through the Artist’s Resale Right Regulations 2006. These regulations were amended to reflect the UK’s position outside the EU, while continuing to provide the right to foreign nationals on a reciprocal basis.
Nationals of the UK and other countries that provide reciprocal treatment for UK nationals (including EU member states) will continue to receive resale rights in the UK and those countries. This is in accordance with the Berne Convention and provisions in the UK/EU TCA.
There’s no point me repeating the information on this useful page, but do note that while you might earn a percentage of the sale of art through third parties such as auction houses, and not just in the UK, there are some exceptions.
ARR doesn’t, for apply to private individuals, without the use of an “art market professional”, or to public, non-profit making museums do not attract royalty payments.
How Much Can An Artist, or Heir, Get?
Royalties generated from sales between 14th February 2006 until 31 March 2024 will, as dictated by the UK Statutory Instrument, be calculated using the exchange rates provided by the European Central Bank. Royalties from sales after this date will automatically be calculated in GBP.
The ARR came into effect on 14th February 2006. Any sales prior to this date cannot be calculated. Any indication of the royalty payable provided by a collection agency such as ACS must be treated as an estimate, until the actual sale price and, where applicable, exchange rate are known
The Resale Price From £1,000 to 50,000 the Royalty % due is 4.00%; and from £50,000 to 200,000, the Royalty % due is 3.00%, with further increments for higher sale prices, highly unlikely to apply to most comic art
How Do I Get Paid?
Artist’s Resale Right in the UK is managed by collecting societies, who then distribute the royalty to the artists. Individual artists cannot request payments directly from the art market professionals involved in the sale.
For more information about the administration of ARR you can contact the Design and Artists Copyright Society (DACS) or Artists’ Collecting Society (ACS).
Frequently asked questions on ARR are answered on the DACS website and the ACS website
Founded in 1984, the Design and Artists Copyright Society (DACS) is a not-for-profit organisation dedicated to championing, protecting and managing the rights of artists, and maximising their royalties.
DACS is free to join. If they collect ARR royalties for you in the UK, they take 15%, to cover their costs. From overseas, we take 5%. Find out how to apply to join here
The Artists’ Collecting Society (ACS) is also a collecting society for the collection and distribution of Artist’s Resale Right (ARR) and copyright royalties in the UKThe Artist’s Resale Right (ARR) is generated every time a work of art is re-sold by an art market professional.
The ACS does not make any charge to artists who wish to mandate them to collect ARR royalties on their behalf. not-for-profit company. 85% of each royalty is paid directly to the artist at the end of the month in which they receive payment from the seller. They also deduct 15% of the royalty to cover administration costs.
What’s the definition of an Art Market Professional?
As DACS outlines here, an Art Market Professional (AMP) is an individual or firm acting as a trader or intermediary in the buying, selling, or auctioning of fine art. This includes art dealers, auction houses, and commercial gallery operators.
Dealers, galleries, auctioneers, and art fair operators fall into this scope, but not artists selling their own work, museums, and private collectors selling directly to other private collectors without professional mediation are typically excluded.
Wait, eBay sales too?
Yes, Artist’s Resale Right might, in some cases, apply to sales on sites such eBay – and other sites, too.
On this web page, the ARR explains that the platform used to resell original art, whether it be eBay or other web-based platforms, has no impact on the application of the royalty, providing the sale qualifies under the other criteria.
As such, the Artist’s Resale Right will apply if a professional art trader uses an internet-based service or an internet platform to sell your work as long as your work qualifies under the other criteria.
Only works that are re-sold between two private individuals and museums – i.e. non art market professionals – are exempt from the royalty.
You should contact the Design and Artists Copyright Society (DACS) or Artists’ Collecting Society (ACS) if you have any questions about a work’s eligibility for the Artist’s Resale Right
Head downthetubes for…
• UK Legislation: Artist’s Resale Right Regulations (UK)
• Artists’ General Benevolent Institution
Founded in 1814, the AGBI is the UK’s oldest artist-led benevolent fund. They provide financial support to professional visual artists and their families in need when health and hardship interrupts their practice.
• Artquest
Artquest’s mission is to make the art world more equitable for all artists. Artists in England can ask us for free careers advice and information. Organisations, researchers, freelancers and anyone else can contact them about working and collaborating with Artquest.
• Protecting Copyright in the UK and EU
Government guidance on UK and EU copyright protection for right holders and users including business, cultural heritage institutions and consumers. It is not legal advice.
• Intellectual Property Office
The Intellectual Property Office (IPO) is the official UK government body responsible for intellectual property (IP) rights including patents, designs, trade marks and copyright.
IPO is an executive agency, sponsored by the Department for Science, Innovation and Technology, supported by the Company Names Tribunal
- About the Author
- Latest Posts
John is the founder of downthetubes, launched in 1998. He is a comics and magazine editor, writer, and Press Officer for the Lakes International Comic Art Festival. He also runs Crucible Comic Press.
Working in British comics publishing since the 1980s, his credits include editor of titles such as Doctor Who Magazine and Overkill for Marvel UK, Babylon 5 Magazine, Star Trek Magazine, and its successor, Star Trek Explorer, and more. He also edited the comics anthology STRIP Magazine and edited several audio comics for ROK Comics; and has edited several comic collections and graphic novels, including volumes of “Charley’s War” and “Dan Dare”, and Hancock: The Lad Himself, by Stephen Walsh and Keith Page.
He’s the writer of comics such as Pilgrim: Secrets and Lies for B7 Comics; “Crucible”, a creator-owned project with 2000AD artist Smuzz; and “Death Duty” and “Skow Dogs”, with Dave Hailwood.
Categories: Art and Illustration, Comic Art, Comics, Creating Comics, downthetubes Comics News, downthetubes News, Other Worlds
Related Articles
-
Graham Bleathman Special Event Announced as 54321FAB Exhibition Opens in Worcester
-
Children’s Authors, Illustrators, rally against AI, launch “We Are Better Than This” campaign
-
Buster’s Tom Thug heads into the future! Original art up for sale
-
In Memoriam: Illustrator and Graphic Novelist Michael Hague
Leave a Reply