California’s Art Resale Royalties

In regards to yesterday’s posting, one concern is the effect that such corporate oriented changes to Federal artist rights would have on similar state laws.   Depending upon the scope of a Federal law, it could potentially preempt (override) an overlapping state law.  If so, it would be particularly detrimental to California artists who already have a right to receive royalties upon the resale of their artwork.

The California Arts Council (CAC) is the agency that manages the art resale law.  Here’s a seller’s guide about paying the royalties, when it is required and how to do it.  A few of main points are that the sale must occur in California and that the seller has experienced a gain in the sale.  The resale royalties are only required when the artist is a U.S. citizen or an established California resident, and is still living or no more than 20 years have passed since the artist’s death.  Another condition is that the artwork is sold for more than $1000 or exchanged for property with a fair-market value of the same or more.  If the artist or heirs cannot be found by the seller, the California Arts Council holds the funds on behalf of the artist for 7 years.  If the funds are not retrieved, then they eventually revert to CAC for the purpose of public arts projects.

See:  The California Arts Council (http://www.cac.ca.gov) and especially the section on the resale royalties law.

CAC’s list of artists who have not claimed their resale royalties.  (Interestingly, it includes some well-known names).

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