Picture this, a young artist sells her first painting for a modest sum. Years later, that same work reappears at an auction, hammered down for hundreds of thousands. The collector profits handsomely. The gallery earns its commission. What about the artist? She receives nothing.
This is the quiet injustice that the Artist’s Resale Right (‘ARR’) seeks to correct.
What is ARR?
The ARR, also known by its French name droit de suite, is a legal mechanism that entitles artists, or their heirs, to receive a percentage of the resale price when their original artworks are resold on the secondary market, during the period of copyright protection.
According to the World Intellectual Property Organization (‘WIPO’), ARR has been implemented in more than 80 countries, and as of 2023, 106 countries have enacted ARR legislation in their national laws.
ARR was formally introduced into international copyright law in 1948, through Article 14ter of the Berne Convention for the Protection of Literary and Artistic Works, adopted at the Brussels Conference. The provision allows artists to claim resale royalties where both the artist’s home country and the country of sale recognise the right, subject to the laws of the country where the resale occurs.
While ARR frameworks differ across jurisdictions, varying in royalty rates, eligibility thresholds, and enforcement mechanisms, the core principle remains constant:
Artists should share in the financial success of their works as those works appreciate in value over time
Countries such as France, Germany, and the United Kingdom have gone further by establishing collecting societies to manage, collect, and distribute resale royalties on behalf of artists.
Objectives of ARR
Continuing Remuneration for Visual Artists
Unlike authors or musicians, visual artists typically lose control over their work once it is sold, due to the first sale doctrine. ARR functions as a remuneration right, ensuring artists continue to benefit economically from their creations throughout their lifespan and beyond, for their heirs.
Correcting Inequality Among Creators
Writers, composers, and performers often enjoy recurring royalties through reproduction, broadcasting, or performance. Visual artists, however, are largely excluded from such income streams. ARR was designed to address this imbalance.
Recognising Artistic and Cultural Value
ARR is more than a financial tool, it is a statement of value. It recognises that the cultural and creative contribution of artists underpins the rising commercial value of art.
Providing Economic Support
Many artists struggle financially, even as their works appreciate dramatically in the market. ARR helps bridge this gap, offering artists a stake in long-term success rather than a one-off payment early in their careers.
Conclusion
The ARR addresses a long-standing imbalance in the art market, where artworks may dramatically increase in value over time while the artists who created them receive no share of the resale profits. ARR is a legal right that entitles artists, or their heirs, to receive a percentage of the resale price when their original artworks are resold on the secondary market during the copyright term.
ARR is particularly significant for visual artists who, unlike writers or musicians, generally do not benefit from ongoing royalties once their works are sold. By providing continuing remuneration, addressing inequality among creators, recognising artistic and cultural contribution, and offering economic support, ARR seeks to ensure a fairer and more sustainable creative ecosystem.
For further information, please contact:
Chiou Zhi Qi, Richard Wee Chambers
zhi.qi@richardweechambers.com
