Bill > H1786

This bill aims to establish a resale royalty for artists in the state of Massachusetts. The key provisions are: 1. If a work of fine art (defined as an original painting, sculpture, drawing, or glass work) is sold in Massachusetts, the seller or seller's agent must pay the artist 5% of the sale amount. This royalty can only be waived by a written contract providing a higher percentage. 2. If the seller or agent cannot locate the artist within 90 days, the 5% royalty must be transferred to the Massachusetts Cultural Council. 3. Artists can sue for damages if the royalty is not paid, and the prevailing party can recover reasonable attorney's fees. 4. The Cultural Council will attempt to locate artists owed royalties, and if unclaimed after 7 years, the funds will be used for acquiring public art and supporting the arts in Boston and other gateway cities. 5. The bill applies to works of fine art created before and after the law takes effect on January 1, 2018, with some exceptions, such as the initial sale by the artist or resales under $1,000.

Budget and Finance, Business and Industry

https://malegislature.gov/Bills/190/H1786