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.

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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.