Bill > H2933

This bill establishes a resale royalty for artists in the Commonwealth, requiring that when a work of fine art is sold and the seller is in or the sale occurs in the Commonwealth, the seller or their agent must pay the artist 5 percent of the sale amount. This right can only be waived if a contract provides for more than 5 percent, and artists can assign their right to collect this royalty. If an agent, such as an auction house or gallery, cannot locate the artist within 90 days of a sale, the 5 percent royalty is to be transferred to the Massachusetts Cultural Council. If the seller or agent fails to pay the artist or transfer the funds, the artist can sue for damages within three years of the sale or one year of discovering the sale, whichever is longer, and the prevailing party can recover attorney fees. Money received by the Massachusetts Cultural Council will be held for seven years, after which, if the artist remains unlocated, it will be used for public art acquisition and preservation projects. The bill also outlines several exceptions, including the initial sale of a work by the artist, resales under $1,000, certain resales after the artist's death, resales for less than the original purchase price, and specific transfers involving art dealers or stained glass permanently attached to real property. For the purposes of this bill, an "artist" is defined as the creator of a work of fine art who is a U.S. citizen or a resident of the Commonwealth for at least two years at the time of resale, and "fine art" includes original paintings, sculptures, drawings, or works of art in glass. This law is set to become effective on January 1, 2016, and will apply to works of fine art created both before and after that date.