This article explores the concept of the Artist’s Resale Right (ARR), a legal mechanism that allows artists to receive a share of the proceeds when their artworks are resold on the secondary market. At the heart of the discussion is a question of economic fairness: when the value of an artwork increases over time alongside the artist’s reputation, recognition, exhibitions, and career development, should the creator continue to benefit from that increase after the first sale?
This article explores the concept of the Artist’s Resale Right (ARR), a legal mechanism that allows artists to receive a share of the proceeds when their artworks are resold on the secondary market. At the heart of the discussion is a question of economic fairness: when the value of an artwork increases over time alongside the artist’s reputation, recognition, exhibitions, and career development, should the creator continue to benefit from that increase after the first sale?
The article examines how ARR has been implemented in several jurisdictions, including Europe and the United Kingdom, while also addressing key challenges such as market transparency, enforcement, private sales, exemptions, and the role of royalty collecting bodies. In the Malaysian context, existing protection under the Copyright Act 1987 does not currently provide artists with an economic right to benefit from subsequent resales of their artworks.
To establish an effective ARR framework in Malaysia, the article highlights the need for greater awareness among artists, collectors, galleries, auction houses, and dealers, alongside a centralised artwork registration system, an independent royalty collection body, and clear legislative amendments. Ultimately, ARR should be understood not merely as a payment mechanism, but as a form of recognition that the economic value of an artwork remains closely connected to the contribution, reputation, and identity of its creator throughout the life of the work.
Read original article here : https://kolumpoart.com/2026/06/24/hak-tuai-jualan-semula-karya-artis/