A resale royalty is a payment which is made to an artist when his/her artwork is resold by the owner. This type of payment is different from the royalties which are paid for the use of an image under a licence agreement. Such royalties refer to the use of copyright in the artwork. The resale royalty right refers to money paid to the artist following a transfer of ownership in the physical artwork.
Resale rights are based around the idea that artists should receive a direct benefit as their work increases in popularity and market value. While popular musicians and writers benefit from royalty income when more copies of their CDs and books are produced and sold, creators of artworks which cannot be reproduced do not benefit in this same way. Therefore, resale royalty payments enable visual artists (including painters, sculptors, printmakers, craft workers, installation and media artists, and photographers who produce limited edition prints) to continue to receive income from the resale of their artworks.
On the 9th June 2010 an Australian resale royalty scheme for visual artists commenced. The Australian visual artists’ resale royalty scheme entitles visual artists to receive payment of a 5% royalty on certain resales of their works. To participate in the scheme, you need to register. You can register online at www.resaleroyalty.org.au.
To view Arts Law's video on the Resale Royalty Scheme please click here.
The Australian Government has appointed Copyright Agency Ltd (CAL) to manage the scheme.
If you have any enquiries about the scheme please email resale@copyright.com.au or phone 1800 066 844.
