In the case of deceased eligible artists, their resale right may or may not have expired. A resale royalty will only be payable if the contract for the resale was entered into on or before the following expiry dates (as applicable):
- (where the artwork is by a single artist) – the expiry date is 50 years from the end of the calendar year in which the artist died
- (where the artwork was created jointly by 2 or more artists) – the expiry date is 50 years passed from the end of the calendar year in which the last of those artists died.
If the resale contract was entered on or before the expiry date, a resale royalty is payable.
If the resale contract was entered into after the expiry date, no resale royalty is payable.
Deceased Artists: After an artist’s death, the right to receive the resale royalty payment passes to their successor. However, the successor must meet the same eligibility requirement to receive payment (meaning they are a citizen or domiciled or resident in New Zealand or a (or in the case of a body corporate, they are incorporated, registered, or carrying on business in New Zealand or a reciprocating country).
However, in the case of deceased eligible artists, their resale right may or may not have expired. To check an expiry date see STEP 4 in the Criteria section (above).