Could your resold artworks be eligible for a payment?
The Resale Royalty Right for visual artists entitles artists and their estates to a five per cent royalty whenever an eligible artwork resells in Australia.
Copyright Agency is committed to ensuring that artists and their estates receive the resale royalties that they are entitled to. We actively investigate missed or inaccurate reporting to recover royalties. So far 90% of the resales we have raised queries about have resulted in royalties for the artist.
To be eligible for a resale royalty an artwork must:
- Sell for $1,000 or more including GST
- The artist is living, or if deceased, it is within 70 years until the end of the calendar year in which the artist died
- The artist is Australian or the estate meets the succession test
- The work was acquired by the seller after the start of the scheme on 9 June 2010.
- An art market professional was involved in the resale. i.e. an auction house, dealer or gallery
While most art market professionals comply with our resale royalty regulations, a small number do not. But that means that they are withholding royalties from being passed onto artists and their estates. This puts those who do comply with the regulations at a competitive disadvantage. It also disadvantages artists and their estates by holding back crucial income which is relied upon for rent, materials, living expenses or services such as authenticating and conserving works. It also creates confusion between the buyer, seller and art market professional as any of these parties can be asked to pay the royalty, as all are jointly and severely liable.
If you are aware of a resale and would like to check if a royalty may be due, please contact us. We work closely with both artists and art market professional where it is believed a resale royalty may be due. More information on reporting obligations can be found in Division 5 and Section 39 of the Resale Royalty Right for Visual Artists Act 2009.
The resale royalty team is available to assist artists, estates and art market professionals on 1800 066 844 or email@example.com