DACS has led a successful compliance campaign to ensure galleries, auction houses and art dealers in the UK pay artists and estates their Artist’s Resale Right royalties. So far in 2015, DACS has recovered over £110,500 in royalties from backdated sales.
A number of sales are not being declared
Introduced into UK law in 2006, the
Artist’s Resale Right entitles artists to a modest royalty when their work is re-sold for €1,000 or more. In 2012, it was extended so that the beneficiaries of artists deceased within the past 70 years can also benefit from royalties.
DACS played an instrumental role in the campaign to introduce the Artist’s Resale Right in the UK and has been collecting and distributing resale royalties to artists and estates ever since.
As part of the administration process, we contact galleries, auction houses and dealers to ask them to submit information about sales. We provide useful tools and answers to frequently asked questions
on our website to make the process of complying with the Artist’s Resale Right as easy and straightforward as possible.
Whilst the majority of UK art market professionals are compliant, there are a handful who we believe are not declaring sales and are avoiding paying artists and estates their royalties.
DACS begins process to recover unpaid royalties
Earlier this year, we began a process to target these galleries, auction houses and dealers and recoup royalties owed from backdated, undeclared sales. So far, we have recovered over £110,500 in royalties on behalf of a range of artists and estates. We are pursuing legal action against those who, after being contacted, are still refusing to comply.
Our Chief Executive, Gilane Tawadros, said: “Art dealers and auction houses who do not pay Artist's Resale Right royalties where these are due, are breaking the law. In addition to undermining the interests of artists and their estates, they are distorting the competitiveness of the art market, which is a major concern for the industry as a whole. We will be expanding our efforts over the course of this year to ensure artists and estates are paid the royalties legally due to them.”
Talking about the importance of the Artist’s Resale Right, artist Angela de la Cruz said: “It feels great and well deserved, because collectors buy work for a fraction of the price they end up selling it for. They are making money, so why shouldn’t the artist get some too?"
Read more case studies.
Robert and James Scott manage the estate of their father, the still-life and abstract painter William Scott (1913-1989). In 2007 they established the William Scott Foundation, to continue cataloguing his work and to support research into Alzheimer’s, the disease that cut their father’s life short. Robert Scott describes the royalties they receive through the Artist’s Resale Right as “…critical to the future of the Foundation, bringing a significant contribution to our running costs. It could even be the difference between the Foundation continuing its work and having to close.”
Read more case studies.
Find out more about Artist’s Resale Right
Artist’s Resale Right royalties are worked out as 4% to 0.25% of an artwork’s sale price. The higher the sale price, the lower the proportion of the sale the royalty represents. With a cap on royalties at €12,500 per sale, they represent a small share of the overall sale price, even on works which sell for millions.
Read more.
Useful links:
Are you an artist? Sign up for royalties from the Artist’s Resale Right
Are you the beneficiary of a deceased artist? Sign up for royalties from the Artist’s Resale Right
Are you a gallery, auction house or art dealer? Find out if you need to pay a royalty
Image: Artist and DACS Artist's Resale Right member, Angela de la Cruz. Photo: © Ione Saizar 2013.