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Info Rightholders

What is the resale right?
The resale right is a compensation for authors of original graphic, visual and photographic works in case their works are resold through an art market professional.

Art market professionals involved in the sale as seller, buyer or intermediary, as well as the seller are jointly and severally obligated to declare sales to the one-stop shop for the resale right.

How can I claim the resale right?
If you are not a member of an authors' society, you should contact the one-stop shop and claim your resale rights via contact@resaleright.be.

I am already affiliated to an authors' society. What should I do?
Nothing changes for you. Your authors' society will keep distributing your resale royalties as in the past.

How is the resale right calculated?
The resale right is calculated once the resale price of the work is equal to or greater than € 2,000. The amount of the resale right to be collected currently equals a percentage of the selling price excluding VAT:

  • 4% for the portion of the sale price up to € 50,000
  • 3% for the portion of the sale price between € 50,000.01 and € 200,000
  • 1% for the portion of the sale price between € 200,000.01 and € 350,000
  • 0.5% for the portion of the sale price between € 350,000.01 and € 500,000
  • 0.25% for the portion of the sale price exceeding € 500,000

However, the total amount of the right may not exceed € 12,500.

How is it collected?
Art market professionals are now obliged to declare resales to the one-stop shop. Moreover, the law stipulates that the resale right must be paid within two months after the declaration.

After the sale, and once the auction and/or resale prices are communicated, the one-stop shop issues the invoice for the rights and requests payment within the delay set forth by law.

One of my works was resold in Belgium. May I give you this information?
In general, all resales are supervised by the one-stop shop. That said, you are free to contact us at contact@resaleright.be with the information in your possession.

And what about public auctions abroad?
SABAM and SOFAM, who manage the one-stop shop, have concluded reciprocal agreements with the authors' societies of the countries in which the resale right is also applicable. Therefore, Belgian authors can also enjoy resale rights for resales carried out in these countries.

Distribution
The collected resale rights are transferred into the account of the beneficiaries, artists and/or right holders.

Prescription
The delay within which one can claim the resale right is 5 years as from the resale.

Useful to know
The one-stop shop centralises all information and data related to the resale right. For more information on this matter: contact@resaleright.be or +32 2 725 11 75.
You can also turn to the authors' society to which you are affiliated.