Frequently Asked Questions about the Artist's Resale Right Which artists qualify?
What is the definition of a work of art under these regulations?
Are any lots exempt?
Who has to pay this royalty?
What is meant by the 'sale price'?
Why are the thresholds and amounts listed in Euros?
Can an artist waive their right or assign it to anyone else?
How will royalties be collected?
What about employee created works?


Which artists qualify?

Qualifying artists are nationals of an EEA (European Economic Area) state: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (including Monaco), Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom (not Channel Islands for VAT).

Artists who are nationals of the following countries outside the EEA may also enjoy resale right: Algeria, Brazil, Bulgaria, Burkina Faso, Chile, Congo, Costa Rica, Croatia, Ecuador, Guinea, Iraq, Ivory Coast, Laos, Madagascar, Mali, Monaco, Morocco, Peru, Philippines, Romania, Russian Federation, Senegal, Serbia and Montenegro, Tunisia, Turkey, Uruguay.

What is the definition of a work of art under these regulations?

Any work of graphic or plastic art such as a ceramic, collage, drawing, engraving, glassware, lithograph, painting, photograph, picture, print, sculpture, tapestry. However, a copy of a work is not to be regarded as a work unless the copy is one of a limited number made by the artist or under the artist's authority. In Christie's view, the definition of a work of art does not include books, furniture and jewellery. Our specialists will be able to advise which works of art are covered by the Regulations.

Are any lots exempt?

The royalty does not apply to any lot with a value less than €1,000.

Who has to pay this royalty?

For Christie's purposes, the seller and his agent (the auction house) are jointly and individually liable. Christie's will collect from the buyer an amount equal to the resale royalty and pass this to the relevant collecting agency. This will appear as a separate line item on the buyer's invoice.

What is meant by the 'sale price'?

This is considered to mean the price the work is advertised for. Therefore, it will be the ticket price in a gallery or the hammer price at an auction.

Why are the thresholds and amounts listed in Euros?

As this legislation is implementing a European Directive (2001/04), all calculations will have to be made in Euros. This means converting the hammer price and the thresholds into Euros using the European Central Bank Reference Rate prevailing at the contract date (date of the sale for Christie's purposes). The amount due is calculated in Euros and then converted back into sterling.

Can an artist waive their right or assign it to anyone else?

An artist cannot waive their resale right. Nor can they agree to share or repay resale royalties, for example, to their dealer or a client of their dealer's. An artist cannot assign their resale right to anyone else, except to a qualifying body under the regulations, such as a charity.

How will royalties be collected?

Resale right will be managed by collecting societies; individual artists will not be able to request payments directly. This means that the seller/auction house will be required to pay all royalties to a collecting society who will then distribute them to the artists. Collecting societies will run systems whereby royalties can be paid at regular intervals; they will require only a few details about the sale, e.g., name of artist and the sale price achieved. Currently, in the UK the main collecting society dealing with the administration of artists' rights is the Design & Artists Copyright Society (DACS). To learn more, visit www.dacs.org.uk.

What about employee created works?

Resale right applies only to sales following an initial transfer of ownership by the artist. If a work was never owned by the artist, e.g., was created in the course of employment or at the request of an employer, it is considered there cannot have been such an initial transfer of ownership. Therefore, such a work will never qualify for resale royalties. Works created in the course of employment are considered not to be owned by the creator but rather by the employer, and would therefore not be eligible for resale right.