Wager, 2021 by Louise Giovanelli. Giovanelli is among the artists who have received ARR royalties. Image courtesy of the artist, GRIMM, DACS/Artimage, Farzad Owrang.

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The data from DACS for the first quarter of 2023 revealed £2.3m was paid to the 873 artists and artists’ estates and the median ARR payment was £280. More than 60% of all ARR royalties paid out were under £500.

DACS said £120m has been paid in total to over 5900 artists and estates since 2006.

ARR gives creators of original works across their lifetime, and for 70 years after their death, the right to a payment when their work is resold in the secondary market with the involvement of an art market professional.

EU directive

The rules, which came into force via an EU directive in 2006, apply to works sold in the UK or another country in the European Economic Area (EEA) by an artist in the region.

The royalty is chargeable when the sale price of the artwork exceeds €1000 (based on the exchange rate from the European Central Bank on the day of the sale). The amount due is calculated on a sliding scale and is capped at €12,500.

Read more about how ARR works in the UK here.

Remain within UK law

Christian Zimmermann

Christian Zimmermann is chief execuitve of DACS. Image © Brian Benson.

The government recently reiterated that Artist’s Resale Right (ARR) will remain in force within UK law.

The UK agreed to follow the existing ARR regulations under the Brexit trade deal that came into effect in January 2021 (as reported by ATG No 2476). However, as a retained EU law ARR was at risk of being revoked in the government’s Retained EU Law (Revocation and Reform) Bill this year.

But last month, when the government tabled an amendment to the bill, there was final confirmation that the ARR legislation is protected: ARR was not included in the published list of laws to be revoked at the end of this year.