1. Short title This Act may be cited as the American Royalties Too Act of 2018 . 2. Definition Section 101 of title 17, United States Code, is amended by inserting after the definition of architectural work the following: An auction is a public sale at which a copy of a work of visual art is sold to the highest bidder and which is run by a person that sold not less than $1,000,000 of copies of works of visual art during the previous year. A person that conducts all sales exclusively online does not conduct an ‘auction’ for purposes of this title. . 3. Exclusive rights (a) Exclusive rights in copyrighted works Section 106 of title 17, United States Code, is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (7) in the case of a work of visual art, to collect a royalty for the sale of a copy of the work if the copy is sold by a person other than the author of the work or, if applicable, the author's successor as copyright owner for a price of not less than $5,000 as the result of an auction. . (b) Collection of resale royalty for visual art (1) In general Chapter 1 of title 17, United States Code, is amended by inserting after section 106A the following: 106B. Collection of resale royalty for visual art (a) Definitions In this section— (1) the term price means the aggregate of all installments paid in cash or in-kind by or on behalf of a purchaser for a copy of a work of visual art sold as the result of the auction of that copy; and (2) the term sale means a transfer of ownership of a copy of a work of visual art as the result of the auction of that copy. (b) Collection generally The collection of a royalty under section 106(7) shall be conducted in accordance with this section. (c) Calculation of royalty (1) In general The royalty shall be an amount equal to the lesser of— (A) 5 percent of the price of the copy of the work of visual art as sold at auction