US Resale Right gaining increasing support

Two years of copyright review end with recommendation for the Resale Right

April 30th, 2015 in Resale Right America

 On the 20th hearing on copyright by the House Judiciary, a two-year review by Congress has been concluded with Maria Pallante – U.S. Register of Copyrights as lone witness. She has presented a detailed Written Testimony outlaying issues requiring either legislative action, foundational analyses of public issues or other issues either not urgent or related to the Copyright Office.

Regarding the Resale Royalty (page 19 of the Testimony) – aimed at ensuring that visual artists share in the success of their work – the Testimony considered that “the time is ripe” for such a legislative decision.

Additionally, the Office suggested that Congress may wish to consider alternative or complementary options for supporting visual artists within the broader context of art industry norms, art market practices, and other pertinent data.

The review carried out by the Copyright Office under Ms. Pallante was positively received by the New York Representative Jerrold Nadler(who has re-introduced ART Act 2015 on the 16th of April 2015) – and he manifested his appreciation to Ms. Pallante’s call to “join 70 other countries around the world to provide fair compensation for visual artists through the Resale Royalty”.

Ms. Pallante in turn has considered that the Bill introduced by Congressman Nadler was “an excellent foundation” for ensuring an appropriate remuneration and recognition of the visual artists. Her view was that their works are unique and that the relevant value derived from such works is tied to their uniqueness. With this under consideration, the Copyright Office ” […] would like to see visual artists fare better, as their contributions are critical to the art market and to the digital economy “.

The Copyright Office’s report this week is a major change since 1992, when its recommendation was against the adoption of a Resale Royalty act. 

The bill has received support from Americans for the Arts, the U.S. Copyright Office, the Chairs of the Congressional Arts Caucus and the Congressional Creative Rights Caucus, as well as several prominent artists.

After the conclusion of the current U.S. copyright law, the Congress needs to take action into ensuring a copyright system that fosters the creativity and promotes creation among artists and protects their rights with a view to foster a market place that would be enjoyed by consumers.