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The Artist’s Resale Right

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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.

The ARR is an important income stream for visual artists.

  • According to the 2016 Census:
    • There are over 21,000 visual artists in Canada.
    • Half of all visual artists earn only $20,100/year (less than half of the average Canadian worker).
    • 66% of visual artists are self-employed.
  • Most senior artists do not have access to the Canada Pension Plan and cannot afford to retire.
  • The ARR helps to address the rising cost of living.

The ARR aligns Canada with our international trade partners.

  • 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 ARR is an opportunity for economic reconciliation for Indigenous artists.

  • 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.

Help Bring the Artist’s Resale Right to Canada

Our advocacy work on this issue led to a commitment from the Liberals to amend the Copyright Act to include an Artist’s Resale Right and in 2021 it was listed as a priority in the Mandate Letters of Minister Rodriguez and Minister Champagne.

Write to your Member of Parliament

Government of Canada launches survey on the Artist’s Resale Right

The Government of Canada is working toward implementing an ARR. The Department of Canadian Heritage has published an online questionnaire to gather information on the Canadian art market from the perspective of art buyers, artists, and sellers of art. The objective of the survey is to gather market data to better understand Canada’s art market. You can learn more about the consultation here.

The Art Market Survey took place between November 9, 2023, and December 21, 2023 and is now closed. We thank all who participated in the consultation and helped us make the case for the ARR in Canada. Your perspective matters and your contribution could make a big difference.

Now is a good time to donate and see policy in action!

Support of any kind is much appreciated – whether it be by donating or simply sharing our message with your friends! Click here to donate and/or show your support by giving us a shout-out on social media tagging us: @Carfacnational !
 

 

See also Artist’s Resale Right Proposal, Quotes from artists about Artist’s Resale Right, What People Are Saying, Impact on Artists, and Frequently Asked Questions about the Artist’s Resale Right.