![]() The sale was a turning point in the art trade, as it demonstrated just how lucrative works of contemporary art had become. On October 18, 1973, the collectors and taxi company owners Robert and Ethel Scull held an auction of their collection at Sotheby’s Parke-Bernet. Its genesis is popularly traced to an eventful evening in 1973, a night renowned artist Robert Rauschenberg got very angry. “Consider the contract as a substitute for what is available otherwise: nothing,” Siegelaub wrote.Ĭurator Seth Siegelaub co-authored “The Artist’s Reserved Rights Transfer and Sale Agreement” (1971) with lawyer Robert Projansky.īetween 1976–2012, California was the only US state to have had an artist resale royalty law. The legality of ARRTSA remains questionable, but a number of dealers (including Leo Castelli) professed to using the document, the first of its kind in the US. When signed by a purchaser, the document entitled artists to 15% of any profits made upon subsequent resales (it also included provisions for exhibition and reproduction rights). In 1971, the legendary curator and publisher (and all-round cool dude) Seth Siegelaub teamed up with attorney Robert Projansky to create The Artist’s Reserved Rights Transfer and Sale Agreement (ARRTSA). American artists and legislators have been actively battling to introduce a national ARR for almost half a century. The US doesn’t have a national artist royalty scheme, which puts it in the same company as Canada, China, Japan, and Switzerland. They even occasionally run competitions to encourage artists to sign up. According to their website, DACS paid out out over £14 million ($22.5 million) in royalties to 19,000 artists and estates in 2013. ![]() Two nonprofit agencies, DACS (The Design and Artists Copyright Society) and ACS (Artist Collecting Society), collect ARRs on behalf of registered members. ![]() A subsequent report found that the changes had not negatively impacted the UK’s market in any perceptible way. The United Kingdom partially implemented a resale royalty scheme in 2006, despite loud protestations from auction houses and some galleries that this would severely damage the market and drive sales abroad. The European Union standardized its legislation in 2001. At present, over 70 countries have implemented ARR laws, including Australia, the Philippines, and Russia. It followed in the wake of a widely published lithograph by Jean-Louis Forian, which drew popular sympathy to the cause. The lithograph depicts an artist’s children gazing at a painting in a shop window with the caption, “Un Tableau de Papa! / one of father’s paintings!”īelgium followed suit in 1921, as did Czechoslovakia in 1926. Millet’s family was completely destitute at the time and was horrified by the sale (ironically, the painting depicts two peasants bowed in prayer).įrance was the first country to nationally implement droit de suite (1920). In 1889 (14 years after the artist’s death), the French copper magnate Eugène Secrétan sold Millet’s painting “ L’Angélus” (1857–59) for a record breaking 553,000 francs. The idea supposedly originates from a complaint by the family of French Realist Jean Francois Millet. This is because the art industry places a massive premium on uniqueness. Most artists only profit from the initial sale of a work of art. For example, unlike writers, filmmakers, and musicians, artists don’t benefit from derivative or reproducible income (such as screenplay rights or soundtrack licensing). ![]()
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