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Copyright and resale rights for heirs

Copyright and Resale rights

Copyright relating to original artwork is a valuable asset in an artist's estate. You can derive income from it for a specific period of time after the death of an artist.

For artists who die today, the copyright in original artistic works currently lasts for 70 years from the death of the creator.

Consequently copyright continues after an artist's death and becomes an asset of his or her Estate. The same applies to Artists' Resale Rights in some countries where this right is applicable.
Every country can potentially have different rules. Below I've focused on the rules relating to the UK and I aim to add in other geographic areas in time.
Return to THE ART LEGACY

Copyright and Resale Rights in the UK
​

How long does copyright last after an artist's death?

A GUIDE TO THE TIME AFTER DEATH - COVERED BY COPYRIGHT (in the UK)

Below is a quick guide to the length of time copyright applies to the original work created by an artist

Works made by UK artists who:
  • died in 1944 or before: Copyright in such works expired 50 years after the artist's death
  • died between January 1 1945 and December 31 1995: copyright has been extended to 70 years after the artist's death
  • died 1996 or thereafter: Copyright in such works now expires 70 years after the artist's death.

REFERENCE:
  • Artlaw : Copyright : Basics of copyright : The Length of Copyright - The Duration of Copyright and Rights in Performance Regulations 1995 implement EU Council Directive No 93/98/EEC and the European Economic Area 1993. Both of these harmonise protection of copyright and certain related rights. 
See also the section on this website relating to

COPYRIGHT FOR ARTISTS
  • Copyright and artists' rights
  • Copyright infringement and fair use - for artists
  • How to protect artwork online - practical steps to prevent the risk of your artwork being stolen
  • How to do a reverse image search - If you want to find out whether somebody has created copies of your photos or artwork on the Internet
  • What to do about copyright infringement - for artists - if your artwork is stolen or plagiarised
  • Global Conventions on Copyright


What are Royalties and Resale Rights?

Authors of original works of art are entitled to a royalty each time one of their works is resold through an art market professional.

Artist's Resale Right | Intellectual Property Office | Gov.UK
The Artist’s Resale Right (ARR) entitles creators (‘authors’) of original works of art (including paintings, engravings, sculpture and ceramics) to a royalty each time one of their works is resold through an auction house or art market professional.
The right to this royalty lasts for the same period as copyright, so since January 2012 ARR has applied to qualifying works by artists who have been dead for less than 70 years.

Artist's Resale Right | Intellectual Property Office | Gov.UK
ARTISTS' ROYALTIES AND RESALE RIGHTS - IN THE UK

The Artist’s Resale Right is the same as copyright and lasts for as long as copyright, which is your lifetime plus 70 years.  

Artists can choose to leave the resale right for specific or all original artwork retained by the estate to a beneficiary or heir of the estate.

However the right can only be left to a natural person or a charity.  The studio cat does not get a look in!

REFERENCE
  • Artist's Resale Right | Intellectual Property Office | Gov.UK - introduces the Resale Right and specifies Exemptions, Calculation of royalties and Collection of royalties
  • The Artist's Resale Right Regulations 2006
    Statutory Instrument 2006 No. 346. The Artist's Resale Right Regulations 2006 Crown Copyright 2006
  • The Artist’s Resale Right (Amendment) Regulations 2011 - this includes the expansion of ARR to the estates of deceased artists from January 1, 2012.
  • Artists Resale Right - How does it work - Ben Travers | Stephens Scown (lawyers)
Royalty due on Resale price

Royalties are only applicable for works sold with a value above £1,000 where the transaction is executed at auction or by an art gallery.

Sales between private individuals, without the use of an art market professional, or to public, non-profit making museums do not attract royalty payments.

The rates are as follows
  • 4% up to €50,000
  • 3% between €50,000.01 and €200,000
  • 1% between €200,000.01 and €350,000
  • 0.5% between €350,000.01 and €500,000
  • 0.25% in excess of €500,000


How do you manage copyright and resale rights?

COPYRIGHT LICENSING

The Artist's Estate - or a beneficiary or heir to whom a copyright has been assigned - can use licensing to derive income from the copyright
Picture
Design and Artists Copyright Service (UK) aka DACS

  • founded in 1984; a company limited by gaurantee
  • a not-for-profit visual artists’ rights management organisation.
  • collects and distributes royalties to visual artists and their estates through Payback, Artist's Resale Right, Copyright Licensing and Artimage.

The DACs Payback Scheme automatically collects and distributes any royalties and resale rights owed to an Artist's Estate - for onward distribution by Executors to beneficiaries and heirs.

REFERENCE:
  • Design and Artists Copyright Society (UK) DACS is a not-for-profit visual artists’ rights management organisation. It helps artists and visual creators receive recognition and reward for their work.
  • DACS - Royalties and Resale Rights for beneficiaries and heirs In the UK, the Artist's Resale Right now applies the beneficiaries of an artist's estate as well as living artists.
  • DACS - Payback for beneficiaries and heirs (FAQs) - Payback is an annual scheme run by DACS to distribute the money owed to visual artists or artists' estates by various collective licensing schemes.
  • DACS - Copyright Licensing You can get assistance and help with managing any copyright licensing in 30 different countries across the world
Picture
The Artists Collecting Society

  • Set up in 2006 as a not-for-profit company by Harriet Bridgeman of Bridgeman Images
  • dedicated to the administration of resale rights

The ACS can take on the entire administration of tracing sales and pursuing fees owed to the estate and collecting of artist resale rights and licensing fees.

REFERENCE:
  • living artists and artist estates represented by ACS
  • Information for Estates - Beneficiaries, trusts, foundations etc. of an artist’s estate are able to register for ARR.
  • Copyright Service - manages copyright of visual works on behalf of member artists and their estates
  • FAQS - about the services offered and the terms used.
Artist's Resale Right: A Guide to Law and Practice Paperback
by Simon Stokes
Includes reference to legal developments since 2006 when Artists Resale Right were first introduced into the UK - including
  • changes to the law brought about by the Artist's Resale Right (Amendment Regulations) 2011 and
  • the expansion of ARR to the estates of deceased artists from January 1, 2012.
Paperback: 84 pages
Publisher: Institute of Art & Law;
2nd Revised edition (29 Aug. 2012)

BUY THIS BOOK
Artist's Resale Right: A Guide to Law and Practice from Amazon UK

Return to THE ART LEGACY

Go To:
  • Estate Planning for Artists
  • Famous Artists Estates
  • Artwork Inventory
  • After the Death of an Artist
  • Art and Inheritance Tax
  • Estate Planning for Art Collectors
ABOUT ART BUSINESS INFO. FOR ARTISTS
This website aims to provide a compendium of resources about the art business for artists. Please read "PLEASE NOTE"

It helps artists learn how to do better at being business-like, marketing and selling their art and looking after their financial security.
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  • Home
    • Art Business Information Index
  • NEWS
  • PRACTICE
    • Starting Out - Tips
    • Being a Professional artist >
      • Working Lives of Professional Artists
      • Artists' Side Hustles
      • Artists' Residencies
      • Artists Unions
    • Best Art Business Books
    • Learning Opportunities >
      • Art Schools in the UK
      • Art Business Courses
    • Image Management for Artists >
      • How to photograph art
      • How To Scan Artwork
      • How to back up image files
    • Law for Artists >
      • Legal Matters
      • Data Protection for Art and Artists
      • Brexit Guidance for Art and Artists
    • Business Management for Artists >
      • Risk Management for Artists
      • How to spot Art Scams / Fraud
      • Life in an Art Market Recession
      • Coronavirus COVID-19 and Art
  • MARKETING
    • How to write an Artist's Statement >
      • What is an Artist Statement?
      • Why you need an Artist's Statement
      • TIPS How to write an artist statement
      • The Language of an Artist's Statement
      • What an artist statement should contain
      • Examples of Artists Statements
    • How to write an Artist's Resume or CV >
      • Social Media summaries
      • CV for Artists
      • Resume for Artists
      • Biography for Artists
    • How to sign a painting, drawing or fine art print
    • Business Cards for Artists
    • How to write a press release for an artist
    • The Private View Invitation
    • Publicity for Juried Exhibitions
    • Websites for Artists >
      • Why websites matter
      • Options for Websites
      • Web content for Artists
      • Web design for artists
      • Keeping Google Happy
      • Writing for the Web
    • Image & Video sizes for Social Media Sites
    • How to be mobile-friendly
  • SELL ART
    • Trading Law & Regulations for Artists (UK)
    • E-commerce for artists
    • Art Exhibitions & Competitions >
      • Juried Exhibitions & Art Competitions
      • Juried Art Exhibition Checklist for Artists
      • How to cost a juried exhibition entry
      • How to make labels for an art exhibition
    • A Guide to Art Agents and Consultants
    • A Guide to Art Dealers & Galleries >
      • How to find the right gallery
    • The Artist-run Gallery
    • The Vanity Gallery
    • Art Fairs
    • Alternative Options for Exhibitions
    • How to Sell Art from Home
    • Open Studios
  • FRAME ART
    • List of Recommended Picture Framers
    • Conservation Products
    • Framing for open exhibitions and art competitions
    • Framing Videos
    • How to hang a picture
  • SHIP ART
    • How to pack artwork >
      • How to pack and ship pastel paintings
    • Packaging materials
    • How to ship art internationally >
      • Rules of Origin
      • Export Licences for Cultural Goods
    • How to ship art to exhibitions
    • How to mail art - Post & Parcel Services
    • UK & Ireland: Art Transport Services
    • USA Art Transport Services
  • COPYRIGHT
    • Copyright and artists' rights
    • BASICS: Copyright Infringement and Fair Use
    • How to protect artwork online
    • How to do a reverse image search
    • What to do about copyright infringement - for artists
    • Global Conventions on copyright >
      • Copyright in the UK
      • Copyright in the USA
      • Copyright in Canada
      • Copyright in Australia
  • MONEY & TAX
    • How to work out profit from an art sale
    • How to Price Your Art >
      • How important is price when buying art?
      • Options for Pricing Art
      • Terminology and Formulas for Pricing Art
      • Art Experts on Pricing Art
      • How artists price their art
      • The price of affordable art
    • Payments to Artists >
      • Paying Artists
      • How to create an Invoice
    • VAT for Artists
    • Tax Tips for Artists >
      • Tax on prize money
      • UK Tax Tips for Artists
      • UK: Self-Assessment Video Tips
      • USA Tax Tips for Artists
      • Ireland: Tax for Artists
      • Australia: Tax Tips for Artists
    • Insurance for Art and Artists >
      • Insurance for Art Teachers
      • UK Insurance Policies for art and artists
      • USA & Canada: Insurance Policies for Art and Artists
    • Artists' Grants & Scholarships
    • Retirement and Pensions for Artists
    • The Art Legacy >
      • Estate Planning for Artists
      • Estate Planning for Art Collectors
      • Famous Artists Estates
      • Artwork Inventory
      • After the Death of an Artist
      • Copyright and Resale Rights after Death
      • Art and Inheritance Tax
  • About + Help
    • Would you like me to help?
    • Privacy & Cookies Policy
    • Contact