When is an artist eligible for resale right protection?
Resale rights entitle artists to a share of the sale price when their artwork is resold. Every time an art market professional sells an artist’s work, the artist receives a share of the sale price in the form of a resale royalty. The amount paid will depend on the price for which the work is resold, but it cannot exceed €12,500.
Conditions of eligibility for resale royalties
Resale royalties do not apply to every sale of artworks. The most important conditions are:
- The work sold must be an original work in the graphic or visual arts, such as a painting or sculpture.
- The buyer, seller or broker must be an art market professional.
- The sale price must be at least €3,000.
You can find an overview of all the conditions attached to resale royalties on the website of the copyright organisation Pictoright.
Duration of resale right
You are not entitled to transfer your resale right to anyone else. In the event of your death, the resale right may pass to your surviving relatives or other heirs. An artist’s resale right ends 70 years after his or her death.
No resale royalties
No resale royalties are owed if a work of art is rented, borrowed, exchanged, or donated. Nor are resale royalties payable on sales between private individuals.