The Artist’s Resale Right

Many people profit when an artwork is sold in the secondary market – but not the artist.

The Artist’s Resale Right (ARR) would allow visual artists in Canada to receive 5% when their work is resold – just as they already do in over 90 other countries.

CARFAC and RAAV recommended that the government implement an Artist’s Resale Right in Canada for eligible secondary sales of artwork and include:

  • that it applies to secondary sales of original artworks for the lifetime of the artist, and their  estates covered under the term of copyright;

  • that the rate paid to rightsholders is 5%;

  • that it applies to works sold in the secondary market for at least $1,000;

  • that the art market agent and seller of the artwork are jointly responsible for the payment of the royalty; and

  • that royalties be managed and paid through the copyright management organization, CARCC, currently operating under the business name of Copyright Visual Arts – Droits d’auteur Arts visuels.

Here is a summary of our proposal

Why this matters

The ARR is a royalty that would allow visual artists to be rewarded as their career progresses and their reputation grows. It is particularly beneficial for Indigenous and senior artists, and it is a critical step forward in improving the economic conditions of Canadian artists.

The full value of an artwork often isn’t seen on the first sale. It is common for visual art to increase in value over time, as the reputation of the artist grows. For example, Inuit artist, Kenojuak Ashevak, sold her piece Enchanted Owl in 1960 for $24. It was later resold for $158,500. Ashevak received nothing from the sale.

    • In 1920, France became the first country to introduce resale rights for artists.

    • It now exists in over 90 countries, including: Australia, United Kingdom, and all European Union (EU) members.

    • New Zealand recently passed ARR legislation through their trade agreement with the UK.

    • According to CISAC, 50 million Euros were collected in 2022 (7.2% increase from 2021).

    • The median annual income of Indigenous visual artists is $13,500.

    • Indigenous artists are commonly exploited in the secondary market.

    • In 2015 the Inuit visual arts and crafts economy in Canada contributed over $64 million to the Canadian GDP.

    • In Australia, over 65% of royalties are paid to Aboriginal or Torres Strait Islander artists.

Good news for visual artists in the 2025 Federal Budget

CARFAC and RAAV, the national associations representing visual artists in Canada, are thrilled to see the Artist’s Resale Right in the Federal Budget:

“Artists, particularly visual artists, are great contributors to Canada’s cultural scene and among the lowest income earners in Canada despite their significant cultural contributions. An Artist’s Resale Right provides the creators of original visual artwork with a royalty whenever their work is resold through an eligible sale, providing an additional income stream. 

In Budget 2025, the government announces its intent to amend the Copyright Act to create an Artist’s Resale Right in Canada, ensuring Canadian visual artists benefit from future sales of their work.”

CARFAC and RAAV look forward to Parliament approving the Fall Budget in the days to come, and to seeing the details of how this much needed legislation will be implemented in Canada, and sharing that information with our community.

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