Art law USA

Droit de suite bill introduced in US Congress

Legislation would see artists and museums split a royalty fee of 7% for auction resales over $10,000
The legislation was introduced by congressman Jerrold Nadler and senator Herb Kohl

Washington, DC. Federal legislation that would see visual artists receive royalty payments when their works are resold in the US was introduced in the House of Representatives today by congressman Jerrold Nadler (Democrat, New York), the ranking member of the House Judiciary Subcommittee on the Constitution, and in the Senate by senator Herb Kohl (Democrat, Wisconsin). The Equity for Visual Artists Act of 2011, would set aside 7% of the price for works resold for more than $10,000 at major auction houses, such as Christie’s and Sotheby’s, with half the proceeds going to the artists and half to non-profit art museums.

“Visual artists deserve a share in the sales and resales of their creative works,” says Nadler in a statement. “It’s important to ensure that artists are fairly compensated — even more so in difficult economic times, when normal channels of support for artists are less dependable. This legislation would help working artists and provide incentives for the creation of art by providing resale royalty rights and establishing a fund for nonprofit art museums to buy art from those artists.”

The legislation, as it stands, would only apply to the resale of works at public auction houses “with more than $25 million in sales in the prior year”. Auction houses that operate only online would be excluded, as would private galleries.

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Comments

19 Apr 12
20:28 CET

VANESSA FORBES, LOS ANGELES

This bill is necessary but should have been generated from within the United States and not the European Union. Artists creations and visual rights belong strictly to the creator, meaning the artist. in California the law already exists and is enforceable nation wide as it already exists in almost every state in the United States. there is no way this law should federally carve up artists visual roylaties and thus allocate said royalties with an even split for the artist and their descendants receiving half and museums receiving a mandatory payment for the other half of the total 7% royalty payment. the Federal government certainly does not do this in music royalties or literary works so therefore, why should this be done to visual artists, who happen to be the lowest paid of all the artists! the European Union is lobbying the US Federal government because so many of their artists paintings are sold in the U.S. for millions. Artist should have the same royalty payments as in music!

16 Jan 12
17:51 CET

JOE, CATAUMET

The museums, auction houses, critics, dealers, and investors have already destroyed the art world with their infusion of ridiculous amounts of money and their manipulation of the market. Art is now an investment vehicle, not an object of beauty. The last thing we need to do is give the museums more money to further inflate the market for investors. Giving the museums money just intensifies the corruption and cronyism in the art establishment for those who can pay to play. The money should go only to the artist and it should apply to all sales above a certain level. Only the most successful artists are sold at auction and unless they squandered their money, they don't need the royalty as much as lower tier artists and their families.

4 Jan 12
17:1 CET

BEN, OSLO

Artists who need help are seldom sold at auction.

27 Dec 11
18:57 CET

EDWARD, PALO ALTO

In what other business does the maker get paid for subsequent sales? How about 7% to the architect each time a house is re-sold or 7% to Tiffany or Maserati each time those luxury items are re-sold? Conversely, shouldn't artists or their successors reimburse owners who lose money when objects decrease in value?

27 Dec 11
18:57 CET

MARK, HALIFAX

when you stop talking about what they did do and start talking about every thing that they did not do. then it becomes every clear exactly where your place is that you belong in. and you thought you smelt the scent of change in the air.

21 Dec 11
16:5 CET

CAROLE PIGOTT, SANTA FE, NM.

half to the artist and half to museums - you are kidding - don"t the art museums get enough of the art money without taking more away from the artists. Artists need to have lobbyists who are not also lobbying for art associations. Give Artists a Break - half to the museums - i can't get over that - what crap

19 Dec 11
17:51 CET

SUSAN KRAFT, REDWOOD CITY

I am glad to see some movement to put artists on the financial grade. Residuals & royalties will eventually become seen as the right thing to do, as done in the music & movie business. The historical divide keeping creative visual artists in a lower class standing from the business of art can't last forever, can it?

16 Dec 11
16:36 CET

JOHN, CANBERRRA

As of next year resale royalties in the UK will be applied to the resale of dead artists artworks. This will give US auction houses a competitive edge over UK auction houses when it comes to attracting the resales of artworks worth more that about $100,000. This proposed legislation seems aimed at protecting the UK's top auction houses from competition from US auction houses , why would a American vote for it?

15 Dec 11
22:57 CET

JOHN, AUSTRALIA

"The legislation, as it stands, would only apply to the resale of works at public auction houses “with more than $25 million in sales in the prior year”. Auction houses that operate only online would be excluded, as would private galleries. " are they serious??? would this sort of anti competitive - restriction of trade- tariff- thing be even remotely possible ??

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