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Items . Artists' Resale Rights bill introduced
 19-05-2008
Artists across the nation will be cheering this week at the introduction to Parliament of the Copyright (Artists’ Resale Right) Amendment Bill by Associate Arts, Culture and Heritage Minister Judith Tizard.
The amendment to the Copyright Act 1994 aims to provide an economic deal for artists who up until now have been unable to take advantage of copyright legislation, as it deals with reproductions of a work.
“A resale right is really about giving artists a fair deal in terms of the economic returns they get from their work.” says Judith Tizard in a government press release today. “Very few visual artists are able to make a living from their art alone.”
The resale right entitles an artist who is a resident or citizen of New Zealand, or national of a reciprocating country that offers a similar right to nationals of New Zealand, to receive a 5% royalty payment on sales of $500 or more each time an original work of art is sold commercially through an auction house, gallery or professional dealer. It will not apply to the first sale of the artwork or to sales between private individuals.
The artist who created the work will hold the resale right whether or not they still retain the copyright. The right cannot be transferred or shared with anyone other than another artist who helped create the work. The artist can however, leave the right to others in a will. Royalties will be due on the sale of artistic works throughout the artist’s lifetime and for 50 years after the artist’s death.
The amendment bill is welcomed by Copyright Council secretary Kathy Sheat who supports the right for creators of artworks to receive a return from their resale.
“This legislation is in line with overseas practices and demonstrates New Zealand’s commitment to fostering art and culture,” says Kathy.
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