On Feb. 26, 2014, Congressman Jerrold Nadler (D-N.Y.) introduced a bill, H.R. 4103, to the U.S. House of Representatives called the “American Royalties Too Act of 2014,” or the “ART Act.”1 Senators Edward Markey (D-Mass.) and Tammy Baldwin (D-Wis.) introduced similar legislation, S.2045, on the same day.2 The ART Act would amend the U.S. Copyright Act, 17 U.S.C. §§101, et seq., to provide for a resale royalty right for the authors of certain “works of visual art.”

The ART Act is conceived upon the following principle: Visual artists (such as painters, photographers and sculptors) who have sold their works should be entitled to share in the later appreciation of the value of those works, at least to some extent, if and when the art is subsequently resold. This principle is embraced and known in other parts of the world as “droit de suite.” As Baldwin, one of the ART Act’s sponsors, explains:

Artists and arts organizations make valuable contributions to our communities and strengthen our quality of life. Just as our copyright laws extend to musicians and authors to encourage their artistic creativity, they should also apply to our visual artists.3