I am an art market professional

As an art market professional, have you sold a work of art for more than 750 euros? 

The artist is likely to benefit from resale right which is a property right specific to creators of visual works, allowing them to benefit from the appreciation of their creations on the art market.

ADAGP is in charge of controlling the resale rights of the artists it represents and calculating the resale royalty amount to collect and pay them. 

Learn more about the conditions of application of Resale Right

Duty of information under the resale right

You must report to a specially accredited artists’ copyright society, such as ADAGP, any sale that entitles the artist to resale royalties. 

Also, you must provide the beneficiary or copyright society with the information required for the payment of resale royalties and keep this information for 3 years after the sale.

Payment obligations under the resale right

The burden of payment is on the buyer or the seller depending on the terms of sale. In any case, the art market professional is responsible for collecting the payment from either party. If the sale is between two art market professionals, the responsibility to collect payment lies with the seller. 

This responsibility runs for 5 years from the reporting of the sale.  

When you receive a request for payment from the beneficiary or an artists’ society, you must pay the resale royalties within 4 months from the sale or from the receipt of the request if it was received after the sale.

If ADAGP was not representing an artist for resale right at the time of the sale, this does not mean that the artist does not benefit from this right or will not benefit from it in the future. 

We advise you to set aside the sums reported, but not invoiced by ADAGP, when the artists are not represented by it.

Failure to report sales or to pay resale fees is punishable by fines provided by law for third class offences.

By an auction house (auction sales and private sales)

1. Before the date of the sale, you must send ADAGP the catalog of the sale or, failing that, any information concerning the sale (at least the list of lots offered and the artists’ names).
2. ADAGP will send you a notification request for each sale by e-mail.
3. Complete the form for the lots of the sale benefiting from the resale right, whether or not the artists are represented by ADAGP.
4. Return the completed notification to the Resale Right department within 4 months.
   Send notification
5. ADAGP will send you an invoice for the artists it represents, to be paid within 30 days of receipt.

Download resale right notification form - auction sale

Download resale right notification form - private sale

By a gallery or any other art market professional 

1. ADAGP will send you a notification request for the sales made. You will be informed whether this notification is quarterly or annual, depending on your gallery's activity.
2. Complete the form for sales benefiting from the resale right, whether or not the artist is represented by ADAGP.
3. Return the completed notification to the Resale Right department within 4 months of receiving the notification request.
   Send notification
4. ADAGP will send you an invoice for the artists it represents, to be paid within 30 days of its receipt.

Download the resale right notification - art sold in a gallery

Download the resale right notification - art sold by an art market professional

The sale price excluding tax (hammer price for auctions) is used as the basis to calculate resale rights.

The resale right amount is calculated per work based on a graduated rate by tranche of the sale price (4% to 0.25%), up to a maximum of 12,500 euros.