You bought a work of art, now what?
Understanding ownership, rights, and responsibilities as a collector
A practical guide to what it means to own an artwork, how artists’ rights are protected, and why it’s worth keeping that certificate safe, written from a gallerist’s perspective.
Photography by Jacqueline Fuijkschot
First things first: you own the object, not the image
When you buy an artwork, you become the owner of the physical piece — whether it’s a painting, a print, a sculpture or a textile work. But you don’t automatically own the copyright behind the image. That remains with the artist, unless it has been explicitly transferred in writing.
This means:
– You may hang the work, move it, lend it, sell it, or even - in theory - discard it.
– You may also decide how and where to display it - even upside down - as long as you don’t physically alter the work or present it in a way that harms the artist’s reputation.
– You may not reproduce the image for public or commercial use (such as online, in publications, or in marketing materials).
– Modifying the work - even something seemingly minor, like drawing on it - may violate the artist’s moral rights, which are protected under Dutch and EU law.
Moral rights include the right of attribution (being credited as the author) and the right to the integrity of the work. These rights remain with the artist, regardless of who owns the physical piece.
Photography by Jacqueline Fuijkschot
What about video or digital works?
If you acquire a video or digital piece, you’re usually buying the right to display it, not a physical object. These rights may be limited in format, resolution, number of plays or screens, and are often documented via a certificate or digital file. Always keep all documentation, and clarify what is included when you buy.
Photography by Jacqueline Fuijkschot
Why certificates of authenticity matter
A certificate is more than a nice-to-have. It verifies the originality of the work, notes who made it and when, and often confirms whether it’s a unique piece or part of an edition. It may also list dimensions, materials, and edition numbers.
If you ever wish to resell, insure, or loan the work, the certificate will be essential.
At Root Gallery, we often secure certificates behind the frame: a discreet and practical solution, though not ideal for long-term preservation. If possible, store it separately, flat, and in a safe place.
A note on gallery sales
Before we continue, a quick note about gallery sales: in most cases, a gallery like ours does not actually own the artworks on view. We act as an intermediary, presenting the work on behalf of the artist. These pieces are shown on a consignment basis, meaning they remain the property of the artist until sold. If we purchase a work outright, we’re acting as an art dealer and the piece becomes part of our inventory. This distinction matters primarily for us as a gallery, not for you as the collector. It affects how we handle liability, reporting, and tax. In the art world, galleries and art dealers are different kinds of businesses: galleries often work on consignment, representing artists and showing their work without owning it, while dealers buy and sell from their own inventory.
Photography by Jacqueline Fuijkschot
What if you sell the work later?
You are free to sell an artwork you own, whether privately or through a professional party. But depending on how and where the sale happens, artists may be entitled to a resale royalty.
In the Netherlands and the EU, the droit de suite applies when a work is resold through a professional intermediary - such as an art dealer, gallery or auction house - for €3,000 or more.
– Private sales between individuals are exempt.
– The royalty is calculated on a sliding scale, starting at 4% for the first €50,000 of the resale price.
– The seller or intermediary is responsible for reporting and paying the royalty.
– If the artist lives in the Netherlands or the resale occurs in the Dutch market, the process is often managed via Pictoright, the national rights organisation.
This system ensures that artists - or their heirs - benefit when the market value of their work increases over time. Not sure if your situation qualifies? A specialised advisor can help.
Photography by Jacqueline Fuijkschot
Can you gift an artwork to someone?
Yes, you can gift a work to a child, a relative, a friend or even your neighbour. Art counts as personal property, and can be transferred during your lifetime or as part of an estate. But keep in mind that gift tax may apply.
In the Netherlands:
– Gifts are taxed based on the current market value of the artwork, not the original purchase price.
– The rules depend on your relationship to the recipient.
– In 2025, the annual tax-free allowance for gifts to (step)children is €6,713. For others (like friends or siblings), the exemption is lower.
– Tax rates increase with value and vary depending on the recipient.
To protect both parties, it’s smart to document the transfer: include photos of the work, the certificate, and a signed statement.
Art is tax-free to own privately; but when you give it away, its value may be taxable. Always check with a tax advisor before gifting.
Do you pay tax on the art you own?
As a private individual in the Netherlands, you don’t pay any special tax on art. However, valuable pieces may fall under Box 3 - the tax category for savings and investments - depending on how your assets are reported.
If your collection is modest and personal, it likely won’t trigger extra tax. If it’s substantial, consider:
Getting regular valuations for insurance and financial planning.
Discussing with your advisor whether and how to report it.
For businesses, acquiring art can come with tax advantages:
Works displayed in shared or professional spaces may be depreciated over time.
VAT (btw) can often be reclaimed if the artist charges it and the invoice supports business use.
In some cases, cultural investment schemes may apply.
Your accountant can help clarify what’s possible based on your company’s structure and location.
Photography by Jacqueline Fuijkschot
In short?
Owning art is rewarding, but it comes with responsibilities; to the artist, to the work, and sometimes to the tax office. Respect the work. Understand the rights behind it. And above all: enjoy living with it.
Need help with documentation, gifting, or resale? We’re happy to advise.
