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119-hr-4017119th Congress

American Royalties Too Act of 2025

Sponsored By: Representative Nadler, Jerrold [D-NY-12]

Introduced

Summary

Would create a new resale royalty for visual artists that pays creators a share when their physical artworks are resold through the market after the first sale. The royalty is limited by a percentage and a dollar cap and is collected and distributed through designated collecting societies.

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  • Visual artists and their heirs would receive a royalty on commercial resales priced $5,000 or more. The entitlement runs for the length of the work's copyright and cannot be sold or waived.
  • Royalties would equal the lesser of 5% of the resale price or $50,000.
  • Payments must be collected within 90 days of the final payment and sent to visual artists' collecting societies, which must distribute funds at least quarterly after allowable administrative expenses.
  • On an author’s death the royalty passes to successors with a hierarchy favoring a surviving spouse, children, and grandchildren; if funds remain unclaimed for three years they go to the Copyright Office for artist programs.
  • The Register of Copyrights would designate collecting societies, set rules and oversee compliance, and must study implementation and report to Congress within five years. The law would take effect one year after enactment.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

New resale royalties for visual artists

If enacted, visual artists would get paid when their work is resold through a gallery, dealer, or auction house. The royalty would be 5% of the resale price on sales of $5,000 or more, capped at $50,000 and adjusted each year for inflation. The right would last for the full copyright term and could not be sold, assigned, or waived during the artist’s life. After death, the right would pass to heirs under detailed rules, and it would end if no spouse, children, or grandchildren survive. Art market professionals would have to pay the royalty to a designated collecting society within 90 days after the buyer’s final payment.

How royalties would be collected and enforced

The Register of Copyrights would pick collecting societies to handle payments. Societies would follow accounting rules, collect sale details, and pay artists or heirs at least every quarter after deducting allowed admin costs. Only eligible artists or heirs (based on citizenship, where they live, or where the work was first created) would receive payouts. Unclaimed money would earn interest in escrow; if not claimed in three years, it would go to the Copyright Office for artist programs. If a market professional does not pay, a society could sue for the royalty plus legal fees; if no suit in one year, the artist could sue within three years for three times the royalty plus fees. If a society fails to distribute, the artist could sue within three years for three times the unpaid amount plus fees.

Rules start one year after enactment

All changes in this bill would start one year after it becomes law. This delay would push back both payments to artists and new duties for art market businesses.

No copyright notice for visual art

The bill would say the copyright notice rule in section 401 does not apply to works of visual art. This would remove a notice formality for artists and owners of visual art.

Sponsors & CoSponsors

Sponsor

Nadler, Jerrold [D-NY-12]

NY • D

Cosponsors

  • Rep. Chu, Judy [D-CA-28]

    CA • D

    Sponsored 6/17/2025

  • Rep. Ross, Deborah K. [D-NC-2]

    NC • D

    Sponsored 1/7/2026

Roll Call Votes

No roll call votes available for this bill.

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