© Kyle T. Webster member since 2020
ASCRL endorses the American Royalties Too Act of 2025 (ART Act), introduced by Congressman Jerrold Nadler (D-NY) on June 17th. Currently, in the United States, creators such as writers, composers, and screenwriters can be compensated via royalties from the resale of their works. The ART Act amends Title 17 of US Code to extend the resale royalty right to visual artists.
The bill would set a 5% royalty rate (up to $50,000) on the resale of artworks valued at $5,000 or greater. The bill‘s provisions include establishing a transparent collection and distribution process through collecting societies designated by the Copyright Office, protecting the royalty rights of heirs and successors, providing a means of enforcement, and establishing a process whereby unclaimed royalties would be used to support US visual artists.
Resale royalties for visual art, or “droit de suite”, are commonly recognized throughout the European Union and elsewhere. The right was incorporated into the Berne Convention in 1948, but as an optional provision, resulting in a fragmented market. Congressman Nadler stated in his announcement of the ART Act, “…the time has come for us to establish a resale royalty right here in the United States. By adopting a resale royalty, the United States would join the rest of the world in recognizing this important right and ensuring visual artists and creators share in the proceeds from the sale of their works.”
The text of the bill can be read here.