Q: What is Artist’s Resale Right (Droit de Suite)?
Artist’s Resale Right entitles artists to a royalty payment every time a work of art is re-sold by an art market professional for a price which reaches or exceeds €1,000 or the sterling equivalent.
Q: Does Artist’s Resale Right exist outside the EU?
ARR was recently adopted in Australia. It does not exist in the far east, Canada or the USA with the exception of the state of California, although discussions regarding its introduction in some of these areas is ongoing. Please contact us if you have any questions.
Q: Which are the EEA and schedule 2 countries?
Please click here for a PDF download of all participating countries
Q: What do ACS charge?
ACS is a not-for-profit company and eighty-five percent of each royalty is paid directly to the artist at the end of the month in which we recieve payment from the seller. We deduct fifteen percent of the royalty to cover our administrative costs.
Q: Which works of art are eligible for Artist’s Resale Right?
Any work of art by an artist who is a national of a country within the EEA when it is resold, for over €1,000. The UK Regulations list eligible works as a “picture, collage, painting, sculpture, tapestry, ceramic, glassware, photograph”. The work must be in copyright. Limited editions of prints or multiple works authored by the artist may also qualify. Please check with us.
Q: How long does Artist’s Resale Right last?
ARR lasts for the full copyright period of the life of the creator and 70 years following the creator’s death. The restriction which prevented beneficiaries and other successors of deceased artists from receiving ARR royalties ended on 1st January 2012.
|
Resale price (€)
|
Royalty percentage amount due |
|
From 1,000 to 50,000 |
4.00% |
|
From 50,000.01 to 200,000 |
3.00% |
|
From 200,000.01 to 350,000 |
1.00% |
|
From 350,000.01 to 500,000 |
0.50% |
|
Over 500,000 |
0.25% |
ACS has created a calculator to work out the exact amount of ARR due on any sale. To use this calculator, click here.
ARR is collected from AMPs by a collecting society and then distributed to the artist.
What do you need to do?
Under the UK Regulations, AMPs should:
- Report any eligible sales to the relevant collecting society within 90 days of receiving a request for information from that collecting society.
- Pay the resale royalty due on any eligible sale.
What is an eligible sale?
Under the UK Regulations, ARR applies after the first transfer of ownership by the artist when:
- The work of art is sold on the secondary market and the artist is of UK, EEA or other qualifying nationality as listed here.
-
The sale price is the sterling equivalent of €1,000 or more.
-
An AMP is involved at some stage of sale.
Non-eligible sales
Sales which are not eligible for ARR include:
- Primary sales
- Private sales
- Sales of works of art by artists of non-qualifying nationalities eg. American artists
-
Sales which qualify for the ‘bought as stock’ exception.
How to report eligible sales
Every quarter ACS sends all of the AMPs on our database a complete list of ACS member artists and a form for you to report any eligible sales. Please consult this list to see if you have made any eligible sales by any of our member artists. You can report eligible sales using the following methods:
- Online reporting. Click here to register and create an account where you can submit all eligible sales information, view any invoices, and check the status of these payments.
- Download a reporting form here and email, post or fax this form to ACS.
-
Complete the form issued in our quarterly mailout and email, post or fax it back to ACS.
-
Email or telephone us on 0845 1122400 with the relevant information.
|
Resale price (€)
|
Royalty percentage amount due |
|
From 1,000 to 50,000 |
4.00% |
|
From 50,000.01 to 200,000 |
3.00% |
|
From 200,000.01 to 350,000 |
1.00% |
|
From 350,000.01 to 500,000 |
0.50% |
|
Over 500,000 |
0.25% |
