Resale Royalty and international reciprocity
September 16, 2021
The Resale Royalty Right for Visual Artists Act 2009 (the Resale Act) allows for reciprocal resale rights to be established with countries that have an operating resale royalty scheme. Under these arrangements, Australian artists will receive royalties when their eligible works are resold in reciprocating countries, and artists from reciprocating countries will receive royalty payments for their eligible artworks resold in Australia.
In June 2021, an announcement was made regarding Resale Royalty reciprocity in the Australia – UK Free Trade Agreement (FTA). It stated:
“The FTA will also begin a process to allow Australian artists to receive royalties when their original works of art are resold in the UK and vice versa. This will provide new income opportunities for Australian visual artists whose works are resold in the UK. This will include Australia’s acclaimed Indigenous art sector. The process to implement reciprocal artist resale royalties will include consultation with art sector stakeholders in Australia and the UK.”
The Copyright Agency is now in discussions with the Office for the Arts, the Department of Foreign Affairs and Trade and the UK to commence the consultation process.
As an introduction: for art market professionals – resales of overseas artists’ work in Australia will follow the same process we have today for the resales of Australian artists’ work, nothing different would be required of you; for artists – the resales of your work overseas will follow the resale royalty system as it operates in the reciprocating country (there are some variations that we will explain), and you will be provided with the resale information and the royalty payment.
We already work closely with the partner organisations in the UK and elsewhere.
In the meantime, if you have any questions, please contact resale@copyright.com.au