Notice of appointment of collecting society - Resale Royalty Right for Visual Artists Act 2009 - Copyright Agency Ltd

Overview

The Resale Royalty Right for Visual Artists Act 2009 was enacted to establish a framework for the collection and distribution of resale royalties to visual artists in Australia. This legislation was introduced to address the gap in recognition and compensation for artists when their artworks are resold, ensuring that creators benefit from the ongoing commercial value of their work. The Act was passed by the Parliament of Australia, with the overarching policy objective of providing a fair and practical mechanism to support the ongoing financial interests of visual artists. Under the authority granted by the Act, the Minister for the Arts, Mitch Fifield, appointed Copyright Agency Ltd as the collecting society responsible for administering the resale royalties. This appointment, effective for a period of twelve months from 28 November 2016 to 27 November 2017, ensures that the necessary administrative processes are in place to facilitate the distribution of royalties to eligible artists. This appointment underscores the government's commitment to fostering a supportive environment for the visual arts sector in Australia.

Scope and Application

The Resale Royalty Right for Visual Artists Act 2009 applies to visual artists, including painters, sculptors, photographers, and other creators of original visual artworks, ensuring they are compensated when their artworks are resold through commercial galleries, auction houses, or other recognised art dealers. This Act establishes a mechanism to collect and distribute resale royalties to artists or their beneficiaries. The collecting society, appointed by the Minister for the Arts under subsection 35(2) of the Act, is tasked with administering these royalties. As of the gazetted appointment, Copyright Agency Ltd has been designated as the collecting society for a period of twelve months from 28 November 2016 to 27 November 2017. The Act operates on a Commonwealth level, affecting all entities and persons involved in the sale of visual artworks within Australia, regardless of state or territory boundaries. The Act does not specify any exclusions or exemptions, and its application is not restricted by geographic or jurisdictional limits, ensuring a uniform approach across the country. Additionally, the Act may extend or restrict its application through subordinate instruments, allowing for adjustments in response to changes in the art market or other relevant factors.

Key Provisions

The Resale Royalty Right for Visual Artists Act 2009 (the Act) establishes a framework for the payment of resale royalties to visual artists when their works are resold. Section 35(2) of the Act allows the Minister for the Arts to appoint a collecting society to administer these royalties. This appointing power is exercised in the Gazette notice (C2016G01537), which names Copyright Agency Ltd as the collecting society for a period of twelve months from 28 November 2016 to 27 November 2017. This appointment ensures that there is a designated body responsible for the collection and distribution of resale royalties to eligible visual artists. The Act imposes specific obligations on the collecting society, which in this instance is Copyright Agency Ltd. Section 35(3) of the Act mandates that the collecting society must operate efficiently and transparently, ensuring that the royalties collected are fairly and accurately distributed to the artists entitled to them. The society must also maintain records of all transactions related to the resale royalties and provide regular reports to the Minister for the Arts. These obligations are crucial to maintaining the integrity of the system and ensuring that the artists receive their rightful payments. Failure to comply with the requirements set out in the Act can result in significant consequences. Section 38 of the Act provides that any person who breaches the Act, or any regulation or direction made under it, is liable to a penalty. The penalties for non-compliance can be substantial, reflecting the importance of the Act in protecting the rights of visual artists. The Act does not specify maximum penalties in the Gazette notice, but it is understood that penalties can include fines and, in severe cases, legal action. These consequences are designed to deter non-compliance and ensure that the rights of visual artists are upheld. In summary, the Resale Royalty Right for Visual Artists Act 2009 establishes a system for the collection and distribution of resale royalties to visual artists. The appointment of Copyright Agency Ltd as the collecting society for a specified period ensures that there is an efficient mechanism in place to manage these royalties. The Act imposes clear obligations on the collecting society, including the requirement to operate transparently and maintain accurate records. Non-compliance with the Act can result in penalties, which serve as a deterrent against breaches and ensure the protection of artists' rights.