{"id":10699,"date":"2025-02-21T16:36:34","date_gmt":"2025-02-21T21:36:34","guid":{"rendered":"https:\/\/journals.law.harvard.edu\/ilj\/?p=10699"},"modified":"2025-02-23T12:49:04","modified_gmt":"2025-02-23T17:49:04","slug":"the-artists-resale-right-in-latin-america-developments-challenges-and-perspectives","status":"publish","type":"post","link":"https:\/\/journals.law.harvard.edu\/ilj\/2025\/02\/the-artists-resale-right-in-latin-america-developments-challenges-and-perspectives\/","title":{"rendered":"The Artist\u2019s Resale Right in Latin America: Developments, Challenges, and Perspectives"},"content":{"rendered":"

Editor\u2019s Note: This article is part of a collaboration between the Harvard Art Law Organization and the Harvard International Law Journal<\/em>.<\/p>\n

Laura Villarraga Albino*<\/strong><\/p>\n

The Artist\u2019s Resale Right (ARR), also known as <\/span>droit de suite<\/span><\/i>, is an intellectual property right recognized<\/span> for authors of visual artworks or, after their death, the persons or institutions authorized by national legislation to obtain a monetary interest in any sale of their work in the secondary market. The right, enshrined in <\/span>Article 14<\/span>ter<\/span><\/i> of the Berne Convention<\/span><\/a>, mandates specific national legislation to regulate the amount and procedures for collection and is subject to the principle of reciprocity.\u00a0<\/span><\/p>\n

Despite volatile art market conditions, a recent <\/span>report<\/span><\/a> by the International Confederation of Societies of Authors and Composers (CISAC) indicates that worldwide ARR income grew by 4.9% in 2023, representing nearly one-quarter of visual arts collections. In Europe, France, Italy, and Germany saw increases in ARR income of 4.2%, 8.5%, and 25.9%, respectively, while the UK remained the largest collector, amassing EUR 16 million in 2023. Additionally, in the Asia-Pacific region, New Zealand, Australia, and South Korea have expanded their legislation, emphasizing the importance of ARR for the livelihoods and legacies of visual artists.<\/span><\/p>\n

However, in Latin America, the adoption and enforcement of ARR <\/span>remain inconsistent<\/span><\/a>. Despite the art market’s substantial growth, reaching a historic high of USD 4.2 billion in 2022\u2014a significant <\/span>30% increase<\/span><\/a> from 2021\u2014ARR implementation in the region lags behind its global counterparts.<\/span><\/p>\n

By considering the growth and visibility of the region\u2019s art market, this article provides a comprehensive overview of ARR in Latin America, discusses two main challenges in its regulation, and outlines some recommendations for its implementation. It is likely that Latin American countries will initiate discussions to align national legislation with international standards for visual artists, ensuring that artists are fairly compensated in the secondary market.<\/span><\/p>\n

I. The Latin American Art Market<\/b><\/h1>\n

The art market in Latin America <\/span>has demonstrated<\/span><\/a> significant visibility and growth. Between 2020 and 2023, sales of works by Latin American artists increased by <\/span>more than 50%<\/span><\/a> compared to pre-pandemic years, exceeding USD 250 million. Specifically, in 2024, sales achieved remarkable milestones, totaling over USD 112 million. In addition, auction data from <\/span>Artnet<\/span><\/a>, spanning 2013 to 2023, reveals that artists from the region amassed over USD 2.74 billion in total sales from more than 57,000 lots.<\/span><\/p>\n