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.
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Copyright and Resale Rights in the UK
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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:
See also the section on this website relating to

COPYRIGHT FOR ARTISTS

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
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
Design and Artists Copyright Service (UK) aka DACS


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:
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:
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)

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