The Artist’s Share on Resale of an Artwork
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
If a painter sells an original painting and it changes hands years later at auction, the painter may be entitled to a share of the difference between the prices. Article 45 of Türkiye’s Law on Intellectual and Artistic Works governs this right.
Which resales can give rise to a payment?
The creator or their heirs must have sold the work previously, and the resale must take place during the term of protection. There must be a clear disparity between the two prices. Architecture is excluded. In addition to original works of fine art, the rule covers certain limited copies that meet the statutory conditions and some original manuscripts by authors or composers.
Who may claim and who pays?
The creator may claim the share. After the creator’s death, qualifying statutory heirs and the spouse may be entitled. If there are none, the relevant collecting society may qualify. The calculation uses the price difference, rather than the entire resale price. The person or entity making the sale owes the payment. Where a business hosts the sale, its owner may be jointly and severally liable with the seller.
Which records matter?
A gallery selling a painting could compare the previous invoice, the auction record and evidence of authenticity. The records help establish which transactions the prices refer to and who created the work. The claim is subject to a five-year limitation period starting from the resale that gives rise to it.