The Artists Resale Right entitles artists to share in the proceeds made from the resale of their work.
Whenever artworks are resold by an art market professional (AMP) such as a gallery, auction house or dealer, for more than €3,000, the artist or their heir are entitled to receive a percentage of the sale price. This is known as a resale royalty and is payable by the vendor of the art work.
In Ireland the resale right has been in place for living artists since June 13th 2006. It came into effect for the beneficiaries of deceased artists on 1st January 2012 and applies to the resale of works of art that are protected by copyright. In Ireland copyright is granted automatically on the creation of an original work of art and lasts for the artists’ lifetime plus a further 70 years after their death.
How can IVARO help you?
If you join IVARO and give it a mandate to collect and distribute the resale royalty we will apply to art market professionals and / or vendors of your artworks on your behalf.
IVARO is Ireland’s only not for profit collecting society for visual artists. On behalf of members we collect and distribute royalties from the resale of their artwork. We deduct the minimum commission needed to cover administration costs (currently 15%).
IVARO has established connections with art market professionals and monitors sales of art at auction throughout Ireland. By joining IVARO you are mandating a professional organisation to manage the collection of resale royalties on your behalf. We endeavor to make the collection and payment of royalties as straightforward as possible. We pay out resale royalties on a quarterly basis and provide a statement detailing how these royalties were generated.
Membership of IVARO is free and open to all visual creators and their beneficiaries. If you are interested in joining IVARO please take a look at the Membership page where you will find information on all of our services.
For further information on the Resale Right please see the FAQ below or contact us at email@example.com or 01 6729488
What is the Artists Resale Right?
Since June 13th 2006 artists are entitled to receive a resale royalty each time their work is resold via an art market professional.
Are all sales of work covered?
No. Artworks which are sold for the first time do not qualify. Also sales that occur between private individuals will not qualify. It is only resales on the artmarket i.e. the second and subsequent times that a work is sold via a gallery, agent or auction house that will attract a resale royalty.
What is the qualifying threshold?
To attract a resale royalty the work must sell for €3,000 or more.
How much money will I get?
You are entitled to receive a royalty if your work is resold for €3,000 or more. The amount of the royalty is calculated using the following scale:
Portion of the Sales Price: Rate
a. Up to€50,000 4%
b. €50,000.01 to €200,000 3%
c. €200,000.01 to €350,000 1%
d. €350,000 to €500,000 0.5%
e. Over €500,000 0.25%
|Example: Sale Price €250,000|
|€50,000 @ 4%||€2,000|
|€150,000 @ 3%||€4,500|
|€50,000 @ 1%||€500|
|Total Royalty Due||€7,000|
The maximum royalty an artist can earn is capped at €12,500 which applies to works sold for €2 million and above. The royalty rates are dictated by the law and are not subject to negotiation.
Which art works are covered by the right?
Paintings, drawings and sculpture are the most obvious categories of item included in the definition. However, other forms of art are included in the definition of an ‘original work of art’ – works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, provided they are made by the artist himself or are copies considered to be original works of art. This definition includes works made in limited editions.
Who pays the Royalty?
The Irish Regulations state that it is the ‘seller’ that is the liable party. This has caused some confusion as the term ‘seller’ may refer to the individual who owns the work and is selling it or it could refer to the auction house/agent/gallery that is selling the work on their behalf. In practice, depending on the auction house/agent/gallery, it is either the either the buyer or the seller that is charged the royalty.
Can I waive or assign my right?
No. The resale right is inalienable and cannot be waived or assigned to anyone else.
What happens to the right when I die?
The right lasts for as long as the copyright in your work (your life plus 70 years). You can leave the right in your Will to your heirs.
I am a beneficiary of a deceased artist. Will I qualify?
On Jan 1st 2012 the right was extended to the beneficiaries of deceased artists whose work is still protected by copyright.
What is a collecting society?
Collecting societies manage copyright and related rights on behalf of creators such as artists, songwriters and authors.
What is IVARO?
Irish Visual Artists Rights Organisation is a not for profit collecting society. We are owned and controlled by our artist members. IVARO is registered with the Controller of Patents Designs and Trademarks and is subject to regulations laid out in the Copyright and Related Rights Act 2000.
What am I required to do?
Artists may claim money owed to them directly from sellers, based on information provided by art market professionals. Alternatively all you need to do is to sign the IVARO Membership Agreement and leave the rest to us.
What does IVARO charge artists for managing the resale right?
IVARO only charges what it costs us to collect and pay. Our administration charge is 15% which is in line with other European collecting societies.