Canadian Visual Artists May Soon Receive Resale Royalties

Visual artists in Canada might soon benefit financially from the resale of their works as the government has announced intentions to amend its copyright laws. In a recent budget bill, Prime Minister Mark Carney outlined an “Artist’s Resale Right” (ARR), which would allow artists to earn royalties from secondary sales of their artworks. This move aims to provide additional income for visual artists, many of whom remain among the lowest earners in Canada.

The introduction of ARR could particularly assist Indigenous artists, whose works are often exploited in secondary markets, according to Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC). The concept of ARR is already acknowledged in Europe, where artists like those in France receive a percentage of resales based on the sale price. In the UK, artists can earn royalties during their lifetime and 70 years posthumously, with certain restrictions.

While the Canadian government has yet to propose specific royalty percentages or a timeline for implementing ARR, a representative for the Department of Canadian Heritage has indicated that deliberations are ongoing and further legislative details will be shared soon. CARFAC estimates that once implemented, Canadian artists could receive between CA$3 and CA$5 million in annual royalties. The organization recommends a 5% royalty on resales over CA$1,000.

This policy could significantly impact artists like the late Kenojuak Ashevak, whose stonecut print “Enchanted Owl” saw a dramatic increase in value at resale, none of which benefited her estate. By introducing ARR, the government could address these equity issues, fostering economic reconciliation for Indigenous artists. Details on the proposed amendments are expected to advance in the upcoming legislative session, gradually allowing Canadian artists to better capitalize on their evolving market success.