[A2k] Proposed US federal resale royalty right? (Comments due Nov 5)

Manon Ress manon.ress at keionline.org
Sat Oct 6 05:37:16 PDT 2012

Proposed US federal resale royalty right (droit de suite)? Royalties
to to fund American artists ...and US non profit museum? Comments are
due November 5, 2012

On December 15, 2011, Senator Kohl of Wisconsin and Representative
Nadler of New York introduced bills in the 112th Congress titled,
Equity for Visual Artists Act of 2011 (EVAA), S.2000 and H.R. 3688

QUOTE: The EVAA requires a resale royalty right, under certain
circumstances, to be collected from the seller. The proposed royalty
would be triggered when a work of visual art is sold at auction for at
least $10,000 by someone other than the authoring artist. Following
the sale, the entity receiving the proceeds pays a royalty of 7% to a
qualifying visual artists' collecting society. The collecting society
is required to distribute 50% of the net royalty to the artists or
successor as copyright owner and place the other 50% of net royalty
into an escrow account to support U.S. nonprofit museums in their
future purchases of visual art created by living artists domiciled in
the United States. Failure to remit the royalty to the collecting
society is copyright infringement subject to statutory damages.
Comment period ends in 30 days (11/05/2012)
The U.S. Copyright Office is undertaking an inquiry at the request of
Congress to review how current copyright law affects and supports
visual artists; and how a federal resale royalty right for visual
artists would affect current and future practices of groups or
individuals involved in the creation, licensing, sale, exhibition,
dissemination, and preservation of works of visual art.

The Office thus seeks comments from the public on the means by which
visual artists exploit their works under existing law as well as the
issues and obstacles that may be encountered when considering a
federal resale royalty right in the United States.

More info at:

More information about the A2k mailing list