By Cynthia Nzuki
“Artists do not live on thin air. And because they enrich the world with their art, they should be protected. So it is fair that those who trade in their works pay them a share of what they earn. That is the purpose of the resale right: to share all forms of enrichment.” – Ousmane Sow, Senegal.
The Copyright (Amendment) Act, 20191 has brought with it many changes to the old Copyright Act, no.12 of 2001. In our CIPIT Blog we continue to provide insights on the amendments and opening the discussions on the same. The Amendment has introduced the Artist Resale Right, under section 26D. Briefly, this section gives artists the right to receive monetary compensation upon resale of their artwork, in the form of royalties. In this piece, the aim is to highlight what the law provides for; the importance of this section; how the section is to be implemented and challenges likely to be faced in the implementation of this law.
Artist Resale Right (ARR)
AAR is an extension of the IPRs extended to artists. Section 2 of the Amendment Act defines resale royalty right as the right of an artist or a group of artists or successors to receive resale royalty on commercial resale of an artwork. The ARR entitles visual artists and their heirs to retain an interest in all successive commercial re-sales of their artwork and receive a portion of the selling price.2Continue reading