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ARTICLE · 17 JUNE 2013

Proposed Amendment To Copyright Act Seeks To Establish Artists' Resale Rights

Bill C-516 was recently introduced as a private member’s bill in the House of Commons.

CanadaIntellectual Property

On May 29, 2013, Bill C-516 was introduced as a private member’s bill in the House of Commons. The bill seeks to amend the Copyright Act to provide creators of certain works with royalties payable upon resale of their work.

The proposed legislation sets the resale royalty at 5% of the sale price of any work that is re-sold for $500 or more after the first transfer of ownership by the artist.  The resale right would apply to “an artistic work, including a painting, sculpture, collage, print, lithograph, tapestry and a ceramic or glassware item”, but would not include maps, charts, plans, photographs or architectural works, or a copy of an artistic work, unless the copy is one of a limited number that had been made by the author or with the artist’s authorization.  Therefore, the scope of work which would attract the resale right is narrower than the scope of “artistic work” as currently defined in the Copyright Act.

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