For the first time since 1992, the United States Copyright Office has re-examined its policy concerning visual artists and resale royalties. Last time the issue was explored, the Office decided that artists should not receive a share of the profits when their works are resold. However, after more than a decade, the Copyright Office has reversed its decision and is asking Congress to reconsider giving resale royalties to visual artists including painters, illustrators, sculptors and photographers.
In a report released on Friday, December 13, the Office admitted that “the current system leaves visual artists at a practical disadvantage in relation to other kinds of authors…. Because most artworks are not produced in copies, the visual artist receives a financial interest in only one work – or at best a few copies of that work. To alleviate the effects of this financial disparity, the Office believes that Congress should consider ways to rectify the problem and to further incentivize and support the development and creation of visual art.”
In the past two decades, over 70 countries have changed their policies concerning resale royalties to better serve visual artists.
