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Does Proposed Resale Royalty for Visual Art Conflict With Copyright Act?
In the entertainment industry, there are many buyers and sellers of visual art works. This article considers proposed legislation in the U.S. Congress calling for a resale royalty for art creators.
Earlier this year, Congressman Jerrold Nadler (D-NY) introduced H.R. 4103'in the U.S. House of Representatives. The proposed legislation is known as the American Royalties Too Act of 2014, or the ART Act. Senators Edward Markey (D-MA) and Tammy Baldwin (D-WI) introduced similar legislation, S.2045, at the same time. The ART Act would amend the U.S. Copyright Act, 17 U.S.C. ”101, et seq. , to provide for a resale royalty right for the authors of certain “works of visual art.”
The ART Act is conceived upon the following principle: Visual artists (such as painters, photographers and sculptors) who have sold their works should be entitled to share in the later appreciation of the value of those works, at least to some extent, if and when the art is subsequently resold. This principle is embraced and known in other parts of the world as droit de suite .
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