Resale Royalty Right for Visual Artists Act 2009 - 12 month Appointment of the Collecting Society

Overview

The Resale Royalty Right for Visual Artists Act 2009 was enacted to establish a resale royalty right for visual artists in Australia, aiming to address the issue of artists not receiving compensation for subsequent sales of their original artworks. This legislation was introduced to ensure that artists benefit from the increased value of their work as it changes hands in the secondary market. The Act was enacted by the Commonwealth Parliament and its primary policy objective is to provide a fair and sustainable mechanism for artists to receive a percentage of the resale price of their artworks. The Act appoints a collecting society, in this instance, the Copyright Agency Limited, to administer the collection and distribution of these royalties to the artists, ensuring that they receive their rightful compensation for their work.

Scope and Application

The Resale Royalty Right for Visual Artists Act 2009 applies to visual artists and their works, specifically providing them with a resale royalty right. This right entitles the artist to receive a percentage of the sale price of their work each time it is resold by a gallery or dealer. The Act applies to the visual artists who created the artworks and to the entities that are authorised to sell these artworks, such as galleries and dealers. Its jurisdictional reach is national, operating throughout the Commonwealth of Australia. The Act does not explicitly state exclusions or thresholds, but it is understood that it applies to original works of visual art and not to derivative works or other forms of intellectual property. The application and enforcement of the Act may be extended or modified through subordinate instruments or regulations, which could provide further detail on the implementation of the resale royalty rights. The appointment of the collecting society, such as the Copyright Agency Limited, is an integral part of the Act's operation, facilitating the collection and distribution of royalties to the artists.

Key Provisions

The main operative sections of the Resale Royalty Right for Visual Artists Act 2009, as highlighted in the Gazette, include the appointment of a collecting society (section 35(2)). This provision requires the Minister for the Arts to appoint a collecting society that will manage the resale royalties due to visual artists. In this instance, Mitch Fifield, the Minister for the Arts, has appointed Copyright Agency Limited as the collecting society for a period of twelve months, starting on 28 November 2015. The appointment of a collecting society under section 35(2) of the Act imposes specific obligations on the Copyright Agency Limited. The collecting society must ensure that it administers the resale royalties in a transparent, efficient, and fair manner. This includes identifying eligible artists, collecting royalties from relevant parties, and distributing the royalties to the artists in a timely and accurate fashion. The collecting society must also comply with any additional regulations or guidelines established by the Minister for the Arts to fulfil its role effectively. Breach of the obligations imposed by the Act can result in various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the Gazette, the Act likely includes provisions for penalties in the event of non-compliance or mismanagement of royalties. These penalties may include fines, legal action, or potential revocation of the collecting society's appointment. The severity of the consequences would depend on the nature and extent of the breach, as well as any relevant guidelines or regulations established by the Minister for the Arts.