Canadian artists will finally be able to receive royalties for the resale of their artworks on the secondary market, in auction houses and galleries, thanks to a forthcoming amendment to the Canadian Copyright Act.
For the first time in Canadian history, the government has decided to introduce Artist’s Resale Right (ARR) in the 2025 federal budget, joining more than 90 countries worldwide that have already adopted ARR legislation.
While Canadian visual artists play a key role in shaping the country’s cultural life, their contributions are not equally reflected in their financial situations. Their income is insufficient for a dignified livelihood, and many lack access to social security and pension allowances throughout their careers.
As works of art gain value over time, it is essential that visual artists benefit from this source of income, enabling them to secure a fair standard of living, and long-term financial stability for their lifetime artistic endeavours.
Under the new copyright provisions, Canadian artists and their estates will be entitled to a 5% royalty from the resale of their artworks, provided the sale price is at least $1,000.
CARFAC, the Canadian non-profit organization representing visual artists, reports on its website that 21.000 visual artists are registered in Canada, most of whom are self-employed. Half earn an average of $20.100 per year, which is roughly half the income of an average Canadian worker.
Canada is also home to many indigenous artists earning less than $13.500 annually, even if their works are largely exploited on the secondary market. For instance, Inuit artist Kenojuak Ashevak, sold her artwork Enchanted Owl in 1960 for $24, and resold for $158,500 with no royalties paid to the artist.
This commitment by the Ministers of Canadian Identity and Culture, Industry and Finance is welcomed by the visual arts community in Canada, but it marks only the beginning. Now the Parliament must approve the budget and ensure the effective implementation of ARR.