What is Artist's Resale Right?
The Artist's Resale Right means that artists could be entitled to a royalty when their work is resold with the involvement of an auction house, gallery or dealer for €1,000 or more.
As of 1 January 2012, the Right was extended in the UK to cover sales of work by deceased artists still in copyright, which means that beneficiaries and heirs can also benefit. In the UK, copyright lasts for the lifetime of the artist plus 70 years after their death, to the end of that calendar year.
This is the most significant new right for visual artists and their heirs in recent times, giving them an ongoing stake in the value of the artist's work.
Back to top of pageHow much does this service cost?
It is free to sign up to our Artist's Resale Right service. As we're not-for-profit, we retain a percentage of the royalties we collect on your behalf to cover our costs.
For royalties collected in the UK we deduct 15% and for royalties collected from overseas we deduct 5%.
As a not-for-profit organisation, we are always striving to keep our costs down so that more money reaches artists and their beneficiaries.
Back to top of pageHow much money will I get?
This depends on the resale price. The higher the sales 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%.
|
Portion of the sale price |
Royalties |
|
From 0 to €50,000 |
4% |
|
From €50,000.01 to €200,000 |
3% |
|
From €200,000.01 to €350,000 |
1% |
|
From €350,000.01 to €500,000 |
0.5% |
|
Exceeding €500,000 |
0.25% |
Royalties are calculated on the sale price for galleries and dealers and the hammer price for auction houses, excluding VAT. The maximum you can receive is capped at €12,500 for one sale of a work, which is reached by works sold for €2 million or more.
Please note: this scale is cumulative, which means that where the sale price is higher than the first threshold, the royalty on each portion of the price must be calculated accordingly and added together to arrive at the final sum.
For example, take an artwork that sells for €210,000. The first €50,000 would achieve 4% (€2,000), the next 150,000 would achieve 3% (€4,500), and the final €10,000 would achieve 1% (€100). The total royalties due would be €6,600.
Back to top of pageCan I collect these royalties directly from those who sold my artwork?
No. In the UK, the Right is operated through a system of compulsory collective management so you can only claim resale royalties through a collecting society such as DACS.
We collect resale royalties for artists and estates who have signed up with us as well as those who have yet to join a collecting society. This means we may already have royalties to pay you.
Back to top of pageWhat nationality must an artist be to receive ARR royalties?
DACS collects ARR royalties in relation to the sales of works by artists who are nationals of the UK or of countries in the European Economic Area (EEA), which comprises:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
This requirement only applies to the artist and not to an artist’s beneficiaries or heirs.
Back to top of pageHow do the 2012 changes affect me?
The amendments to the original Artist's Resale Right Regulations 2006, that came into force on 1 January 2012, mean that the beneficiaries and heirs of deceased artists are now entitled to resale royalties, in addition to living artists.
Copyright lasts for the lifetime of an artist, plus 70 years after their death.
Back to top of pageWhat happens to the Right when I die?
The Artist’s Resale Right lasts for as long as copyright, which is the artist's lifetime plus 70 years. You can leave the Right in your Will, but only to a natural person or a registered charity.
Back to top of pageWill you also manage my copyright?
No. Signing up to our Artist’s Resale Right service does not affect your copyright.
Should you have any questions about copyright, then you are welcome to make use of our free
Copyright Advice Service.
Our Copyright Advisor will aim to give you a call back within 2 working days during office hours to discuss your query. Visit
our Copyright Advice page for more information.
Back to top of pageI am VAT registered. Will this affect my royalty?
The Artist’s Resale Right is exempt from VAT, so there are no VAT consequences of receiving a resale royalty. Any resale royalties you receive should not be included on your VAT return.
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