Simpsons Solicitors

Senate passes Resale Royalty Bill

November 26th 2009

The Senate has passed the Resale Royalty Right for Visual Artists Bill 2009 without amendment. The Bill  will commence operation either be fixed by proclamation or within 6 months of receiving Royal Assent, whichever comes first.

The Hon Peter Garrett MP introduced the Bill into the House of Representatives in November 2008.  It establishes a “resale royalty” right for visual artists and an accompanying statutory scheme.  The resale royalty right will entitle visual artists to a royalty payment on the sale price of any commercial resale of their original works of art valued over $1,000, be inalienable and endure for the life of the artist plus 70 years.   The Bill has been long awaited and has attracted controversy over the years.  It is seen by many as a major victory for the visual arts in Australia.

Inquiries in relation to arts law, resale royalties and its impact on artists and galleries, please contact Adam Simpson or Shane Simpson.

For the text of the Bill see Resale Royalty Bill (On-line) or Resale Royalty Bill (PDF) and more information see:http://www.copyright.org.au/u30027