New Bill Regarding Resale Royalties for Artists

February 2009Art & Advocacy, Volume 1

A bill is pending in the New York State Assembly that would provide that when an entity or person other than the artist sells any work of art within New York, the seller will pay the artist, if living, five percent of the sale amount. If the seller cannot locate the artist, the State Council on the Arts would receive the five percent royalty. The State Council would then be responsible for locating the artist and, if unable to do so after a certain period of time, would transfer the monies to the State Council’s operating fund.

The future of this bill is uncertain, but California has adopted a similar measure that the Supreme Court has upheld. Those whom this legislation may impact may need representation to have their voices heard in the Assembly; Herrick has an active government relations practice and the ability to help.

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