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Home » Archives » October 2007 » Resale Royalties

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10/22/2007: "Resale Royalties" by Nicholas Forrest


Here in Australia an election has just been announced which will be held on the 24th of November to decide who will be the Prime Minister of Australia for the next term. The current prime minister, John Howard (Liberal Party), has been in power since 1996 and was subsequently re-elected at elections in 1998, 2001 and 2004 but this time round it looks as though John Howard will not be re-elected. What does this have to do with art? I hear you ask, well, if the leader of the opposition (Labour Party), Kevin Rudd, is elected as prime minister then resale royalties will be introduced in Australia as this is one of the Labour parties policies.



For those of you who don't know, resale royalties are basically a system where an artist receives a percentage of the sale price from subsequent sales of their work on the secondary market after the initial primary sale of the artwork. So under resale royalties if an artist sold one of their paintings for $5000 and then the person who bought the painting sold it for $20,000 some years later the artist would receive a percentage of the $20,000 and would continue to receive a percentage of the sale price for subsequent sales of their work (within limits of system). In order to make the whole system fair for art dealers and collectors there would be certain limits on the number of times that resale royalties can be collected on each artwork and other requirements to be eligible to receive resale royalties such as a sale price threshold.

The current resale royalty systems that are in place in countries such as France, Italy, Germany and the UK vary quite considerably so it would take at least a year for Australia to determine a suitable system and put the system into place which would hopefully be enough time for everyone to get used to the idea and air any grievances. There will of course be plenty of objection from auction houses, art dealers should resale royalties come into effect because it is the responsibility of the sellers agent (jointly with seller) to pay the resale royalty which means that the agent (dealer) would experience an increase in costs. Although these seem like reasonable concerns, having spoken to art dealers and resale royalty administrators in countries that have resale royalties it would seem that resale royalties do not have a negative effect on the art market. The way I see it is that if an auction house can raise it's buyers premiums 5% without having a negative effect on the art market then resale royalties should be no different.

As far as I am concerned resale royalties are an investment in the future of the worlds artists and therefore the art market. It is only through the continued financial support of the art world that artists able to continue to produce the works that drive the art market so, bring on resale royalties!!!

by Nicholas Forrest
www.artmarketblog.com

Replies: 15 Comments

on Sunday, October 28th, Nicholas Forrest said

There are plenty of references online, just search for labour resale royalties and you should get more info

on Saturday, October 27th, The Worst of Perth said

Have Labor really said that? I haven't heard anything about it. Do you have a reference?

on Saturday, October 27th, Matt said

It may not be the easiest thing to keep track of, but it can be done. It is done in Calfornia and it's a civil law code called the California Resale Royalty Act. www.cac.ca.gov/95/

They also provide some tips about how to keep track.

on Saturday, October 27th, test said

test

on Friday, October 26th, Ellen said

Resale royalties is a FABULOUS idea, but how to keep track? It is an act of faith to trust the galleries to give accurate reports to the artist. As far as the continuing sales, how would an artist be apprised of the revenues? I think that the music industry does a fairly good job of comping the artists/writers/musicians. There (the music business) is a industry that could lend some tips to painters regarding resales and royalties..... Thanks for the very interesting info, Nicholas!

on Friday, October 26th, Momeni Rug said

Thank you, Nicholas, for this very informative blog. And thank you for caring about the future of art all around the world. I think having resale royalties here in the United States would be a great idea; it would help the art market a great deal and it would help the artist who sell the art here. Let's hope Rudd is elected.

on Thursday, October 25th, olivier said

Whaou. I understand Ausrialia being in front of many things, but a resale royaltie..that's scarry! Does you governement plan the same for an architecht? A plumber who does a nice job with a higher resale value? What about a trust I sell go higher? I do not understand the relation with an auction house raising the premium? It is a service, it is up to you either to negociate with them or go somewhere else. We do the same if our paintings sale better, isn't it?
Anyway if you sale your painting, for me it is a done deal. I still have trouble with copyright, here we are way too conservative in my sense. It look like the old coorporation of the middle age...don't make money on me or I want a share.
An artist can apply the price he want or just the one he is able to close the deal. A collector is interrested in speculation like many we care about. For me you just trying to kill an already difficult art market in your pursuit of money. You have to be nice with your customer, specially today it is not necessary anymore to have art at home (many huge houses here are empty). I can see in your case many australian collectors buying foreign art to avoid the TAX.
In my sens if a governement care about art like it should do, giving fund , help is a much better idea like we do in Canada. Or give collectors who invest in art a tax deduction. At the end what I sense the community care about is not you to make money or getting richer but being able to create and make a statement in the art world. Now is there someone who doesn't sell his painting because it might become so much more expensive in the future?
Please keep us posted on the future of such a law..interresting

on Wednesday, October 24th, walt said

royalties are paid on all sorts of things. I promise, they keep track. Remember the gallery or broker who began the deal is making some new contacts this way. New collectors. And yes there is a black market on the use of copyrighted materials as well. Not a justification for refusing the possibility of the new law. There was a time when the King owned everything and everyone in his land. There were no copyrights other than the right to use something with the Kings permission. The King could take your work or mine, pay a pittance and give it to someone else to reproduce with not a single bit of monetary consideration for us.

When a stock is resold, especially for a profit, the stock holders make a bit of profit for themselves. The company makes money. And the broker gets his fee. But in the art world only the seller and broker make anything. The artist whose work was often bought cheap the first time only gets that first sale. If the law allows for a small brokers fee for the original seller to offset keeping track of the record and forwarding the royalties to the artists then it should work beautifully.

There are few restriction or regulations on galleries and all sorts of artist obuse happens all the time. Galleries disappear with your work, they sometimes sell the work for more money than they tell you it sold for and pocket the difference in commission. Some regulations in which the artists periodically get to inspect the books would also be a good thing. Some contracts include this but most don't. After all the gallery is working for us not the other way around even if they tend to have the heavier side of the see saw.

on Wednesday, October 24th, Mark said

How do you keep track? it might be one thing to track what a gallery or dealer sells but not the private individuals, and an undreground of sales might happen. Plus galleries and dealers will only work with those artists who already have a high resale history if they are going to have to shell out money (back to the artist) from a sale. So I believe most artists will suffer not benifit from such a system.

on Wednesday, October 24th, Edward Longo said

I believe resale royalties here in the States would be good for ALL artists who make sales, large or small. I may be wrong, but I think this would be a good way to influence buyers and sellers to invest in art. Visit artist websites - www.EdwardLongo.com or www.EdwardLongo.us

on Tuesday, October 23rd, jose said

G’day to you Nicholas, and I applaud Rudd’s intention to legislate on the matter should he win the forthcoming elections. I trust Australia to have a better field-record at honouring its electoral promises to its people than my own country where, in the past ten years, credibility and faith in party politics has dwindled to the point of general disbelief and indifference. I say this because I understand Mark’s concern and there are actually at least three different levels here: Labour must win the election, electoral promises honoured, and legislation passed and adequately regulated so as to function properly. This last bit is more important than the passing of the law itself, but sadly, in too many instances it is the bit that goes lacking. A balance must be found – artists not overly protected, and galleries, auction-houses and other art institutions not made too vulnerable. If this is achieved it can be a good law. Hope you lads can make it work.

on Monday, October 22nd, aushealthcare@hotmail.com">Caroline said

Nicholas - thank you for this very interesting and informative blog - I absolutely agree that Australia needs to support it's artists - I note Mark's comment and thankfully there are a lot of people and galleries on the web attempting to help the 'don't haves'. Thanks again for this very relevant blog.

on Monday, October 22nd, aushealthcare@hotmail.com">Caroline said

Nicholas - thank you for this very interesting and informative blog - I absolutely agree that Australia needs to support it's artists - I note Mark's comment and thankfully there are a lot of people and galleries on the web attempting to help the 'don't haves'. Thanks again for this very relevant blog.

on Monday, October 22nd, Mark said

Resale royalties will only be a benifit to those artist (a very small percentage) who already make large sums of money from thier work. Those of us who make little from their work will not only NOT benifit, it will hurt what is already a sorry market to start with. If given a chance to vote on such an idea I would vote NO. This is realy just a way for those who already have it allto get more, one more example of greed which this world runs so strongly on. And the legistics of keeping track of sales and resales and royalties will only make things worse. it is just a bad idea all around.

on Monday, October 22nd, walt said

Nicholas, I'd love to see resale royalties here in the States. Let's hope Rudd is elected. Then you can keep us up on how it's working.