Will Canadian Visual Artists Finally See Resale Royalties?

"Visual artists in Canada may soon receive royalties from the resale of their works after the government announced its intent to amend itscopyright laws last month. In Prime Minister Mark Carney's first budget bill, passed narrowly on November 17, the government said it intended to establish an "Artist's Resale Right," a directive that would entitle artists to royalties from secondary and future sales of their artworks."

"Artist's Resale Right(ARR) is commonly recognized by countries in theEuropean Union, entitling artists to a cut of each subsequent sale of their artworks. In , for example, artists can pocket 3% an art sale of between €50,000 €200,000 ($58,189.50 and $232,758). In the United Kingdom, a work must sell for at least £1,000, and royalties are capped at £12,500 (~$1,332.51 and ~$16,657.34, respectively). The UK law applies to artists during their lifetime andforthe 70 years following their death."

The Canadian government intends to amend copyright law to establish an Artist's Resale Right (ARR) that grants visual artists royalties on secondary and future sales of their work. The change aims to create secondary income streams for visual artists, who rank among the country's lowest earners. Advocates say the ARR will let artists share in career-driven price increases and will particularly aid Indigenous artists often exploited on secondary markets. Comparable ARR systems exist in the European Union and the United Kingdom with defined thresholds and caps. The United States lacks a federal ARR; a California law was struck down.

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