If a Canadian photographer sells a print to someone, that person can resell the print any time they want, for any price. The photographer has no say in the matter and does not get any portion of the proceeds. The Canadian Copyright Act currently does not include the right of resale nor a droit de suite. However these rights can be reserved by contract.
Private Member’s Bill C-516 (Artist’s Resale Right Act), a proposed amendment to the Copyright Act, is still before Parliament. It proposes “a right to a [5%] resale royalty on any sale of the work for five hundred dollars or more that is subsequent to the first transfer of ownership by the author.”
The proposed Act would apply to public resales by art dealers, museums, art auction houses and art galleries, but not to private sales between individuals.
Some countries, art dealers and auction houses already recognize an artist’s resale right.
But sadly, unlike other countries’ laws and the USA’s proposed ART Act, Canada’s Bill C-516 excludes photography.
Please check the date of this article because it contains information that may become out of date. Tax regulations, sales tax rules, copyright laws and privacy laws can change from time to time. Always check with proper government sources for up-to-date information.
