American Royalties Too Act of 2025

The American Royalties Too Act of 2025 proposes to amend copyright law by establishing a new resale royalty right for visual artists. This right would entitle authors of visual art, or their successors, to a royalty when their original works are commercially resold by an art market professional for $5,000 or more. This royalty would apply for the duration of the copyright term, ensuring artists benefit from subsequent sales of their creations. The royalty is calculated as the lesser of 5 percent of the resale price or a maximum of $50,000, with this cap adjusted annually for inflation. Art market professionals must collect this royalty and pay it to designated visual artists' collecting societies within 90 days of a sale. These societies are then responsible for distributing the royalties quarterly to the artists or their heirs, after deducting reasonable administrative expenses. The bill includes provisions for the inheritance of royalty rights by an author's successors and outlines procedures for handling unclaimed royalties, which would eventually support artist programs. It also explicitly exempts works of visual art from general copyright notice requirements. The Register of Copyrights is directed to establish regulations for the designation and oversight of collecting societies, information exchange, and enforcement mechanisms, including a right to sue for unpaid royalties. Additionally, the Act mandates a study on its implementation within five years of enactment, with a report and legislative recommendations to be submitted to Congress.