Arts and culture

Resale royalty

Resale royalty rights for visual artists

Legislation to introduce a resale royalty right scheme to ensure Australia’s visual artists receive a portion of the proceeds from the resale of their works is to be introduced into the Australian Parliament this year.

It is anticipated that the right will take effect from 1 July 2009.

The announcement follows government agreement to a resale royalty scheme which will involve visual artists receiving a mandatory five per cent of the resale price of their work, when sold for $1000 or more. The resale royalty right will apply to works by living artists and for a period of 70 years after an artist’s death.

Once the legislation is introduced the scheme will cover original works of graphic or plastic art, such as a painting, a collage, a drawing, a print, a sculpture, a ceramic, an item of glassware or a photograph.

The resale royalty right will apply only on resales where the seller acquires a work after the resale royalty legislation takes effect.

For further information:

This link opens a document in Portable Document File (PDF) formatResale royalty right fact sheet (PDF 36 KB)
This link opens a document in Rich Text Format (RTF) Resale royalty right fact sheet (RTF 291 KB)
The fact sheet explains the scheme and gives examples of how it will work

Minister's statement on resale royalty

Legislation to be introduced for resale royalty rights

This link opens a document in Portable Document File (PDF) formatGovernment announces support for resale royalty right

Proposed Resale Royalty Right Arrangement Discussion Paper, 2004

The Australian Government committed to introducing a resale royalty right for visual artists in its 2007 election policy statement, New Directions for the Arts.

To inform the development of the Australian scheme, the Government conducted a series of targeted consultations with key arts and art market stakeholders in May 2008.

The Government announced funding of $1.5 million over three years in the 2008–09 Budget to support the scheme’s establishment.