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Aug 23, 2017 · Some emerging artists are selling their work directly to buyers, in a sign of growing dissatisfaction with how the gallery model serves them.
Sep 23, 2020 · As the pandemic brought a new focus on virtual communication, many artists found themselves increasingly communicating with collectors directly to sell their work, often through Instagram.
- About The Artist’S Resale Right
- Why Now?
- The Legal Landscape
- The Case For The Artist’S Resale Right
- Opposing Arguments
- Challenges and Opportunities
- But What Types of Practical Support Will This Entail?
- Other Issues
Unlike novelists and musicians, visual artists such as painters and sculptors do not directly benefit from downstream payments when their works change hands in global markets and do not generate significant income from the reproduction and communication rights provided to other creators under copyright law. The artist’s resale right seeks to correc...
Opening the event, WIPO Director General Francis Gurry said: “The digital environment and the globalization of markets present both vulnerabilities and opportunities, and it is appropriate that we consider how we might address the gaps that exist in connection with the artist’s resale right.” The artist’s resale right does not always work as well a...
France was the first country to enact a law providing for the artist’s resale right. In 1920, concerned about the welfare of artists and their families, lawmakers introduced the artist’s resale right (or droit de suite) to ensure artists and their heirs received a share of the increasing commercial value of their artworks. The right’s origins date ...
Artists favor the artist’s resale right for various reasons. The first is economic. The income of visual artists is lower than that of other creators. As a 2013 report by the United States Copyright Office notes, visual artists “are at a material disadvantage vis-à-visother authors” and do not in general “share in the long-term financial success of...
Arguments against the artist’s resale right suggest it will have a detrimental effect on global art markets, lowering prices, reducing sales volumes and generally making markets less competitive. They also claim it places a heavy burden on art professionals. But is there any hard evidence to support this? Various empirical studies, including an ong...
How to establish effective systems for collecting resale royalties and remunerating artists is a challenge confronting policymakers in many countries. The experiences of countries with established schemes highlight the central role of CMOs. These organizations enable the smooth, transparent and efficient application of resale royalty schemes and “l...
Data
Accurate data and honest reporting are the bedrock of an effective resale rights scheme. Estimates of the value of the global art market for 2016 range from USD 46 billion (Art Basel) to USD 56 billion (TEFAF), highlighting the difficulties associated with gathering reliable sales data. Greater transparency in the art market would clearly help CMOs recoup the royalties due to artists and their heirs. Cost-effective online reporting procedures and systems that enable art professionals to easil...
Compliance
Accurate reporting of sales and effective enforcement of the artist’s resale right are major issues that require attention. “So many of the people making secondary and tertiary sales do not make returns or honest returns to the collecting society, and there is no way that we are allowed to go in to audit their books and we need to do so,” says Mark Stephens. Mats Lindberg agrees. “We need a strong position to be able to collect remuneration. It is not only about the artist’s’ right to remuner...
At present, the artist’s resale right, where it exists, is payable to living artists and usually for up to 70 years after their death. It is an “inalienable” right, meaning that it belongs to artists and their heirs and cannot be sold or waived. But are there circumstances under which it makes sense for an artist to be able to transfer the right to...
May 16, 2014 · Individual artists cannot request payments directly from the art market professionals involved in the sale.
Jan 14, 2022 · In 2021, NFTs accelerated peer-to-peer trading, enabling primary artists to sell directly to the public or collectors through an exchange, as evidenced by the sudden rise of platforms such as...
- Reena Devi
Aug 24, 2017 · An artist will make a work, consign it to a gallery, the gallery will sell it to a collector, and the gallery and artist will split the profit. And in some cases, the artist will sell to a collector directly from their studio, bypassing the gallery, at a lower price.
People also ask
Is selling art on commission a good idea?
What happens if art is sold in major art markets?
How do artists make money?
Do artists get paid if they sell a lot of work?
Do artists sell on the secondary market?
Are direct-to-consumer sales a good idea for artists?
Nov 24, 2021 · Artist and nonprofit gallery founder Stacie McCormick makes the case for alternative sales models for selling art.
