'Voyager Passing', John Miller, 2001 © John Miller.

Who is eligible for the Artist’s Resale Right?
January 29, 2024
Artist’s Resale Right (ARR) entitles UK and EEA artists to a percentage of the sale price whenever their artwork is resold on the open market in the UK or EEA.

It is treated (in the UK) as an inalienable right which can only be collected and distributed by a recognised collecting society such as ACS.

 

When ARR was first introduced into UK law in 2006 it only applied to living artists. This changed in January 2012 when the right was extended to include the estates of deceased artists. In the UK, the right lasts for the copyright period of the creator’s life and 70 full calendar years after the creator’s death.

 

To qualify for ARR, an artist must be a UK or EEA national – n.b. an artist’s domiciliary status does not automatically grant eligibility. For example, if an American artist lives in Germany, they will only be eligible for the royalty once they obtain German nationality.

 

It should be noted that the nationality of a beneficiary of an artist’s estate does not affect their eligibility for receiving ARR, it is only the creator of the work who must hold eligible nationality.

 

Currently, the European Economic Area includes the following countries:

 

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

 

If you have a query regarding the eligibility of an artist or artists’ estate, please do not hesitate to get in contact with the ACS team at info@artistscollectingsociety.org.uk.