Canadian artists will now get paid when work is resold in shakeup of copyright laws

Under reforms of copyright law, artists would get a ``resale right'' giving them a royalty during the term of copyright, according to the Innovation Minister office.

Artists are to get paid when their work is resold in a shakeup of copyright laws that would give them a slice of collectors’ profits.

Painters, sculptors and other visual artists stand to get a payout when their work is resold at auction and by galleries, in a government move designed to help sustain thousands of artists currently working below the poverty line.

Under reforms of copyright law, being drafted by Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez, artists would get a “resale right” giving them a royalty during the term of copyright, according to Champagne’s office.

Artists complain that they now get nothing if paintings and sculptures increase in value dramatically.

Montreal abstract artist Claude Tousignant, whose painting Accelerateur Chromatique 90 resold in 2012 for $110,000, is among the artists supporting reform of the law. He would have received $5,500 had changes to copyright law being prepared by Ministers, been in place when it was resold.

The late Inuk artist, Kenojuak Ashevak, sold a work called Enchanted Owl in 1960 for $24 and it was later resold for $158,500.

“Our government is currently advancing work on potential amendments to the Copyright Act to further protect artists, creators, and copyright holders,” said Laurie Bouchard, a spokeswoman for Champagne. “Resale rights for artists are indeed an important step toward improving economic conditions for artists in Canada.”

CARFAC, which represents Canadian artists, wants artists to get five per cent of the value of their work when it is resold, and for their estate to receive funds according to copyright rules decades after their death.