Artist’s Resale Right (ARR) or Droit de Suite was originally intended to benefit artists’ heirs.

In most European countries where the right is in place, both living and dead artists are already eligible for ARR royalties.

In the UK, ARR is currently collected from the sales of works by living and deceased artists. HM’s Government secured an exemption, known as derogation, from the application of Artist’s Resale Right to sales of works by deceased artists because they wanted to give the UK art market a few years to adjust to the new legislation.  This exemption came to an end on 31st December 2011.  Sales of works by deceased artists within copyright (70 years after death) are now eligible for ARR royalties.
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Can I register now?

ARR can now be held by the successors of a deceased artist in the UK.
Whether you are the executor of an estate still in administration, the trustee of a will trust or foundation, or the beneficiary of an estate whose administration is complete, you should register with ACS now in order to:
a) enable us to collect ARR royalties immediately from sales of works by deceased artists that take place in throughout Europe where deceased artists are eligible for ARR.
b) allow us to collect for sales that have already taken place in mainland Europe prior to your registration with ACS.
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Who can inherit ARR?

Artist’s Resale Right can only be inherited by:
  • a ‘natural’ person or persons (i.e not a company or partnership)
  • a UK charity or a charity administered in an EEA country.

How will ACS help determine who is entitled to the ARR of a deceased artist?

If you are uncertain who owns the ARR, ACS can help and advise you. We represent a large number of estates, some still in the course of administration and some where the administration has been completed, as well as Foundations and Trusts. We can also assist you by obtaining copies of the wills of deceased artists to help determine entitlement.-

How will the ARR royalties be divided?

An artist can leave his or her ARR and copyright in his or her works to the same or to different beneficiaries. Where ARR is owned by more than one beneficiary, ACS will pay each beneficiary the proportion of ARR royalties to which they are entitled according to the terms set out in the artist’s will or intestacy.

In the case of more than two beneficiaries, we sometimes recommend the nomination of one person to receive and distribute the royalties accordingly.

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