Currently, visual artists in the United States do not receive any payment when their work is resold, even if the value has dramatically increased since the original sale. While musicians, authors, screenwriters, and other creators benefit from royalty structures that provide ongoing income from the reuse or resale of their work, visual artists are left behind. The ART Act aims to correct this imbalance by creating a resale royalty right that ensures visual artists receive a percentage of the proceeds when their work is resold.
"Visual artists are the only members of the creative community in the U.S. who do not receive residual payments for the later sales of their works," said Dr. Theodore Feder, President of the Artist Rights Society. "Composers and lyricists receive royalties for the performance of their compositions, playwrights and screenwriters receive residuals for the later performance of their works, but the benefits derived from the resale of appreciated artworks accrue entirely to collectors, galleries, and museums, with not a penny to the artist."
The legislation covers original works such as paintings, drawings, prints, sculptures, and photographs. Under the bill, royalties would be collected and distributed through a nonprofit visual artists' collecting society, with a focus on transparency, accountability, and timely payment.
Representative Nadler, a longtime advocate for artists' rights, emphasized the importance of economic fairness. He noted that visual artists often earn the least from the sale of their own work, particularly early in their careers, even when those same works later generate large proceeds in the secondary market.
"The ART Act acknowledges the lasting value of creative labor," said Rep. Nadler. "Visual artists contribute to our culture and our economy, and they deserve the same basic rights that other creative professionals have long enjoyed. I want to thank the many arts organizations that have long supported this effort, and I look forward to working with them to promote this legislation in the halls of Congress."
The legislation would bring the United States in line with more than 70 countries that already recognize resale royalty rights, including the United Kingdom, France, and the European Union. Advocates argue that the absence of such protections in the U.S. places American visual artists at a distinct disadvantage in the global art market.
The ART Act has garnered strong support from national and international organizations dedicated to protecting creative rights, including the Artist Rights Society, the Association of Medical Illustrators, the International Authors Forum, the American Society of Collective Rights Licensing, Inc., and the Songwriters Guild of America.
Supporters of the bill say that compensating visual artists for the enduring value of their work is not only a matter of economic justice but also a way to sustain the future of American art.
The full text of the ART Act can be found here.
Source: Artists Rights Society
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