What is an artist’s resale royalty?

An artist’s resale royalty is a payment made to an artist when their artwork is sold by a secondary buyer. This resale royalty, also known as a “droit de suite,” is protected by Delaware Art Law which states that when an original piece of art is sold by its creator, the artist is entitled to a royalty on future sales. The royalty has a fixed percentage of the total sum determined by the state, which is usually five percent in Delaware. In most cases, the law applies to art buyers who purchase work after the initial sale and charges them the royalty, which is then paid to the artist or the artist’s estate. Delaware Art Law also extends to works of visual art, such as paintings and sculptures, but may also apply to literary works or musical compositions. In addition to Delaware Art Law, other states have their own laws governing the resale royalty in their jurisdiction. If the buyer is unaware of the law, the artist can register a formal copyright registration to protect their rights and ensure that they receive the royalty. Artists should also ensure that their resale royalty rights are included in any contracts they enter into with galleries or buyers.

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What is an artist’s resale royalty?

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