A share in the spoils – Artist’s resale rights

The Artist’s Resale Rights Bill 2006 (Cth) is expected to be introduced soon into Parliament. The Bill seeks to grant artists a share of the resale price each time their work is resold. Resale royalties seek to reward artists as the value of their work increases, which usually occurs after the initial sale by the artist.

The Bill, if passed, would amend the Copyright Act 1968 (Cth) and provides for royalties to be paid on all 'graphic or plastic art' which includes sculptures, glassware and photographs.

Under the Bill, the royalty is calculated by means of a sliding scale and ranges from 4 per cent of the sale price for works under $100,000 to 0.25 per cent for works over $1 million. The royalty will be payable only on sales subsequent to the first sale and the total royalties payable on any sale will not exceed $25,000. No royalty is payable on sales less than $2,000 or if the seller acquired the work from the author less than three years before the sale and the sale price is less