The Artist’s Resale Right (ARR) is a royalty generated on the sale price of original works of art that are sold on the secondary market.
ARR was introduced into UK law in 2006 but only applied to living artists. This changed in January 2012 when the right was extended to include the estates of deceased artists (if you are a beneficiary of an artist’s estate please click here). The right lasts for the copyright period of the life of the creator and 70 years after the creator’s death.
Before the introduction of the ARR legislation, artists rarely benefited from the increasing profits which were generated on the resale of their works. The EC Resale Right Directive and the UK Regulations on ARR were implemented to rectify this situation and reward artists with a proportion of the resale price of their work.
How is ARR calculated?
ARR is calculated on a sliding scale. Currently the threshold in the UK is €1,000. All sales which reach a sale price between €1,000 & €50,000 generate a royalty of 4% of the sale price. Works that sell above €50,000 are calculated at a lower percentage. To see if a sale is eligible please visit our ARR calculator here.
Are there any exceptions?
Artists will receive a royalty, consisting of a percentage of the sale price of an original work of art, if they are a qualifying creator (an EEA national) and when the work is:
- sold on the secondary market in the EEA
- sold by, or through the agency of, an Art Market Professional (auction houses, art galleries, dealers etc.)
- sold and the sale price reaches or exceeds the sterling equivalent of €1,000 (this applies to UK sales only as this amount varies throughout the EEA)
What constitutes a ‘resale’?
The Artist’s Resale Right applies to all subsequent sales after the first transfer of ownership by the creator. The first transfer of ownership can be by way of a sale, gift, legacy or, in the case of bankruptcy, disposal by a personal representative or trustee.
What works does ARR apply to?
ARR applies to all original pictures, collages, lithographs, sculptures, paintings, drawings, tapestries, ceramics, engravings, prints, glassware and photographs.
When does ARR not apply?
The Artist’s Resale Right does not apply to works that are:
- bought as stock
- sold outside the EEA
- private sales
- created by a non-qualifying creator (not an EEA citizen)
ACS was set up by Harriet Bridgeman (founder of Bridgeman Images) in response to requests from artists and Art Market Professionals who recognised the need for a transparent, fair and professional collecting society that puts artists’ needs first. Harriet Bridgeman’s experience, knowledge and passion for art ensured ACS was created ‘for the love of art’.
Joining ACS for Artist’s Resale Right
Once you have mandated ACS to collect your ARR, we take on the entire administrative burden of tracing sales and pursuing fees owed to you. ACS works with artists on an individual basis and we are known for our personal and professional service.
Joining is simple. We require our members to sign a mandate and complete a basic registration form. There are no joining or membership fees, we simply deduct a 15% commission from royalties collected to cover our administrative costs. You can join ACS here.
Joining the ACS Copyright Service
As a full collecting society, ACS also administers the collection and distribution of copyright on behalf of artists or their estates. The ACS Copyright Service was established to increase the income of artists and artists’ estates and to relieve them of the administrative burden of handling the copyright themselves. To read more about it click here.
To join ACS for the management of your copyright, contact us here.
As we operate solely for the benefit of our member artists, ACS was formed as a Community Interest Company. This means that any surplus income is locked into the company and used for the benefit of our member artists and the artistic community.
ACS is proud to fund bursaries for art students at leading institutions, whilst sponsoring a number of art prizes and charities.
Collecting Artist’s Resale Right
ACS works closely with dealers and auctioneers throughout the UK to track all sales of our members’ work. Royalties are then collected from the sellers and distributed directly to the artist or their estate at the end of the month in which they are received.
In order to ensure the collection of all ARR due throughout Europe, ACS uses the services of a number of European collecting societies. If a foreign collecting society’s commission is higher than 15%, where legally possible, ACS will always collect directly from Art Market Professionals in that country. This ensures that the artist or estate is never charged more than is absolutely necessary.
Through its affiliation with Bridgeman Images, ACS is a one-stop-shop for artists’ rights management, administering reproduction licensing, as well as artists’ ARR and copyright.