If a Canadian photographer sells a print to someone, that person can resell the print any time they want, for any price. The photographer has no say in the matter and does not get any portion of the proceeds. The Canadian Copyright Act currently does not include the right of resale nor a droit de suite. However these rights can be reserved by contract.
Private Member’s Bill C-516 (Artist’s Resale Right Act), a proposed amendment to the Copyright Act, is still before Parliament. It proposes “a right to a [5%] resale royalty on any sale of the work for five hundred dollars or more that is subsequent to the first transfer of ownership by the author.”
The proposed Act would apply to public resales by art dealers, museums, art auction houses and art galleries, but not to private sales between individuals.
Some countries, art dealers and auction houses already recognize an artist’s resale right.
But sadly, unlike other countries’ laws and the USA’s proposed ART Act, Canada’s Bill C-516 excludes photography.
Please check the date of this article because it contains information that may become out of date. Tax regulations, sales tax rules, copyright laws and privacy laws can change from time to time. Always check with proper government sources for up-to-date information.
I’ve never understood why the artist should get a percentage of a resale. What is the justification for this? What other industry does this happen in?
Hi Steve,
Artist resale rights exist in the UK, the EU countries, California and Australia. It started in France in 1920s to help destitute families of deceased artists. Today, it’s intended to help low-income artists although higher-income artists and their estates will also benefit. Of course, every artist also wants as many revenue streams as possible.
Resale rights generally apply to one-of-a-kind works. A book author, musician or photographer can sell a zillion copies of one of their works but a painter, for example, can sell only one original. As this painter grows in reputation, the value of their work also grows. So the resale right somehow compensates the artist for that growth (even though the “compensation” is for past work).
Some folks buy art for the sake of the art and some buy art as a speculative investment. The latter folk are betting that the artist will grow in reputation so that their investment will show a profit. If the artist’s value does go up, should the artist get a piece of that profit?
But let’s reverse it. If someone buys a painting and it goes down in value, will the artist refund some money to the owner? :-)
What other industry does this? Uh…..
What other things go up in value? Vintage cars, rare books, real estate, jewelry, Elvis records. I don’t think any artist/creator gets a resale royalty.
Here’s a Canadian view: www.carcc.ca/artis…right.html