Resale Royalty Right for Visual Artists (Collecting Society) Appointment 2023

Overview

The Resale Royalty Right for Visual Artists (Collecting Society) Appointment 2023 (C2023G01185) appoints Copyright Agency Ltd as the collecting society for the purposes of the Resale Royalty Right for Visual Artists Act 2009. Enacted by the Minister for the Arts, Tony Burke, this legislative instrument seeks to address the need for an effective mechanism to manage the resale royalties of visual artists, ensuring these artists receive compensation for subsequent sales of their artworks. The policy objective behind this appointment is to streamline the process of royalty collection and distribution, thereby providing a practical solution to a previously identified gap in the legislative framework that could potentially enhance the financial security and recognition of visual artists in Australia.

Scope and Application

The Resale Royalty Right for Visual Artists (Collecting Society) Appointment 2023 designates Copyright Agency Ltd as the collecting society under the Resale Royalty Right for Visual Artists Act 2009. This legislation applies to visual artists whose works are subject to resale rights, as well as to entities that facilitate the sale of these works, such as galleries, dealers, and auction houses. The Act operates within the Commonwealth jurisdiction, thereby affecting all transactions and conduct pertaining to the resale of visual artworks across Australia. The appointment of Copyright Agency Ltd is subject to specific criteria outlined in the Act, and it includes provisions for the collection and distribution of royalties to eligible artists. Notably, the Act does not explicitly state exclusions, exemptions, or thresholds, but it does allow for the extension or restriction of its application through subordinate instruments, ensuring flexibility in its implementation.

Key Provisions

The Resale Royalty Right for Visual Artists (Collecting Society) Appointment 2023 (C2023G01185) appoints Copyright Agency Ltd as the collecting society for visual artists under the Resale Royalty Right for Visual Artists Act 2009. This appointment, effective from 28 November 2023, is for a five-year period (1). This legislation sets the framework for the collection and distribution of resale royalties to visual artists when their works are resold in the secondary market. Under this appointment, Copyright Agency Ltd is entrusted with the responsibility of managing the collection of resale royalties from commercial art dealers and galleries (2). This includes identifying artists, tracking the sale of their works, and ensuring that the appropriate royalties are calculated and distributed to the artists (3). The collecting society must maintain transparent and accurate records of all transactions and communications related to the collection and distribution of these royalties (4). The Act imposes several obligations on Copyright Agency Ltd, including the requirement to register visual artists who are entitled to receive resale royalties (5). The collecting society must also provide artists with regular statements of account detailing the royalties collected on their behalf and the distribution of those royalties (6). Additionally, Copyright Agency Ltd is required to make these royalties available to artists within a specified period after collection (7). Failure to comply with these obligations could result in legal consequences. Breach of the obligations set out in the Act can lead to various consequences. The Act does not specify particular offences or penalties within the appointment itself, but it does rely on the broader provisions of the Resale Royalty Right for Visual Artists Act 2009 (8). Under the parent Act, unauthorised collection or distribution of royalties could be considered a breach of contract or a violation of the Act, potentially leading to civil or criminal penalties. While specific penalties are not detailed in the Appointment itself, the broader Act provides for fines and other enforcement actions to ensure compliance with its provisions.