Tuesday, November 26, 2013 – Visual artists will miss out on profits made on their work at two major auctions this week at Heffel and Waddingtons auction houses. Many of these artworks have increased in value over time and are expected to sell at a significant profit – from which the artists will not receive a dime. The Canadian and Quebec associations of visual artists (CARFAC & RAAV) have requested that government address this discrepancy by adding the Artist’s Resale Right to the Canadian Copyright Act as has been done in at least 69 other countries.
Toronto artist, Rita Letendre also has three pieces going up for sale including There have been at least 108 resales of Letendre’s work at auction since 1990. If Canada had an Artist’s Resale Right of 5%, she would have received $52,724 in payments in that time.
Mandragore which is expected to sell for between $40,000 and $60,000 at Heffel on Thursday. 
“I would like the work of the artist to be acknowledged,” said Letendre, “The work exists because the artist created it. Without the artist there would be no artwork, and with no artwork, no market. The Artist’s Resale Right is a great idea that would allow the profits to be shared with the artist. It is simply a matter of respect.”
Other notable artists in the auctions include: David Blackwood (Port Hope), Jacques Hurtubise (Cape Breton), Alex Janvier (Cold Lake, Alberta) and Joe Fafard (Lumsden, Saskatchewan). Details on the impact for these artists is below.
These are just two of the auctions happening this fall. On November 6th, works by thirty-eight living visual and craft artists were sold for a total of $120,668 as the Charles Bronfman’s Claridge Collection was auctioned off. On November 18th, works by eighteen Inuit artists were sold for a total of $84,700 at Waddingtons’ Inuit Art Auction. And on December 4th Walker’s will hold their Canadian and International Fine Arts Auction.
The Artist’s Resale Right would allow visual artists to receive 5% when their work is resold. In May, opposition MPs expressed their support for the Artist’s Resale Right with the presentation of a motion from Montreal MP, Pierre Nantel, and a private member’s bill from Newfoundland MP, Scott Simms. The reaction from the government side continues to be positive, although a commitment has not yet been made.
The impact for artists across Canada
British Columbia
BC artist David Alexander’s piece From the Vault Top is expected to sell for between $3000 and $5000 at Waddingtons on Wednesday.
“I fully support the artist resale rights, » said Alexander. “This small small equitable share of a resold work of art would allow the artist to continue to make better works and feel that they can carry on in poorer economic times.”
BC artist Takao Tanabe’s piece Gulf Island 3/82 Afternoon Fog is expected to sell for between $15,000 and $20,000 at Heffel on Thursday. There have been at least 72 resales for Tanabe’s work at auction since 2009. If Canada has an Artist’s Resale Right of 5%, he would have received $33,462 in payments in that time.
Alberta
Cold Lake artist, Alex Janvier’s piece Kindred Soul is expected to sell for between $2500 and $3000 at Waddingtons on Wednesday. There have been at least 62 resales of Janvier’s work at auction since 1992 for a total of $137,097. If Canada had an Artist’s Resale Right of 5%, Janvier would have received $6854 in payments.
Saskatchewan
Lumsden artist, Joe Fafard’s piece David Suzuki is expected to sell for between $20,000 and $30,000 at Heffel on Thursday. There have been at least 65 resales of Fafard’s work at auction since 1994. If Canada had an Artist’s Resale Right of 5%, he would have received $42,986 in payments over that time.
“Many of the early works were sold at very low prices because the artist had not developed a reputation,” said Fafard. “A buyer reselling a work may experience a windfall or at least a handsome profit. Sharing such a windfall with the artist who is largely responsible for this happy event with a modest 5% return to the artist seems less than generous to me, but let’s start there.”
North Battleford artist, Allen Sapp, saw his piece A Little Pine Reserve sell for $5520 at the Charles Bronfmans Claridge Collection sale at Waddingtons on November 6th. There have been at least 358 resales of Sapp’s work at auction since 1991. Sapp has missed out on a total of $41,281 in payments.
Eastern Canada
Cape Breton artist, Jacques Hurtubise, has two pieces going up for sale including Odette which is expected to sell for between $7000 and $9000 at Waddingtons on Wednesday. There have been at least twenty two resales of Hurtubise’s work at auction for a total of $132,216. If Canada had an Artist’s Resale Right of 5%, Hurtubise would have received $6710 in payments.
“Of course we should benefit from the resale right.” Said Hurtubise. “Some pieces I had sold for $200 are now resold for $70,000. The artist is the one who makes the least money! Yes, I am for the resale right, one-hundred percent.”
Newfoundland artist, David Blackwood, has four pieces going up for sale including Ephraim Kelloway’s White Door which is expected to sell for between $40,000 and $60,000 at Heffel on Thursday. There have been at least 278 resales of Blackwood’s work at auction since 1990. If Canada had an Artist’s Resale Right of 5%, he would have received $43,598 in payments over that time.
“Artist’s Resale Right is very, very important,” said Blackwood. “Canada should be the role model for artists’ rights.”
Quebec
Montreal artist, Claude Tousignant, has three pieces going up for sale including Poem Aeroscolaire, Carre #6 which is expected to sell for between $1800 and $2200 at Waddingtons on Wednesday. Tousignant has had work resold at auction at least thirty times since 1992. If Canada has an Artist’s Resale Right of 5%, Tousignant would have received $18,184 in payments.
Photo: iStockphoto, Oxford