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.
I am an art market professional
Artist’s Resale Right
This is an inalienable right specific to authors of visual works, which allows them to benefit from the appreciation of their works on the art market.
The resale right gives the right to a remuneration, at the time of the resale of works (at 750 € or more), when an art market professional intervenes in the transaction. The ADAGP calculator allows you to estimate the amount due.
Administration by ADAGP
The ADAGP is authorized to collect and pay the resale right to the artists it represents. Every year, it surveys art market professionals in France and abroad, including more than 450 auction houses and 630 galleries.
Obligations of art market professional involved in sales
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.
Reporting a sale eligible for resale right
By an auction house (auction sales and private sales)
- 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).
- ADAGP will send you a notification request for each sale by e-mail.
- Complete the form for the lots of the sale benefiting from the resale right, whether or not the artists are represented by ADAGP.
- Return the completed notification to the Resale Right department within 4 months.
- ADAGP will send you an invoice for the artists it represents, to be paid within 30 days of receipt.
By a gallery or any other art market professional
- 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.
- Complete the form for sales benefiting from the resale right, whether or not the artist is represented by ADAGP.
- Return the completed notification to the Resale Right department within 4 months of receiving the notification request.
- ADAGP will send you an invoice for the artists it represents, to be paid within 30 days of its receipt.
Calculating resale royalties
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.