Category: For Art Market Professionals
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Should a resale involving an artist from overseas be reported to Resale Royalties Aotearoa (RRA)?
Yes, any qualifying resale of an original artwork, regardless of the artist’s country of origin, must be reported to Resale Royalties Aotearoa (RRA). Our role at RRA is to assess the eligibility of the artist and verify the validity of the resale right, ensuring it has not expired. As Aotearoa’s Artist Resale Royalty Scheme includes […]
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I’m not sure the resale qualifies, do I still report it?
In the first instance, please see our step-by-step flowchart under the ‘Criteria’ section on our Homepage here. If you are still unsure, contact us.
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How does the scheme affect Art Market Professionals?
There are legal obligations for Art Market Professions which require them to: These are explained in our Guide: Information for Art Market Professionals. Please register to stay informed about your obligations under the scheme, and to receive administrative support with compliance. (*This assumes the Art Market Professional is acting as agent for the seller on […]
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Who is an Art Market Professional?
The Act defines “Art Market Professionals” in section 11 as: (a) a person who carries on business as an auctioneer (within the meaning of section 5(3) of the Auctioneers Act 2013): (b) an art dealer: (c) an art consultant: (d) the owner or operator of an art gallery that deals in visual artworks: (e) any […]
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Can the Auction House put a fee on top of the sale to cover that 5%? Is it on the hammer price?
The resale royalty payable is calculated at 5% of the “resale value” of the qualifying resale (section 16). Section 10 says that “resale value” means: “the value of the consideration given for the visual artwork under the contract for resale”. This may include: It does not include: For an explanation of how “resale value” is […]
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AMPs have differing costs associated with resales. Is it fair that AMP’s costs aren’t factored into the calculation of the royalty
Art market professional’s concerned about whether the royalty accounts for differing AMP costs should note that the royalty is calculated exclusive of (i.e. disregards) any costs associated with the resale. This leaves it up to the art market professional, the buyer, and the seller, to freely agree their costs, premiums, commissions etc and determine […]
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Do we report the resale if we don’t know the name of the artist or maker?
Yes, even if you do not know the artist or makers name(s) we kindly ask that you report all qualifying resales to us. Please provide any information you can about the works origins (if known). RRA’s role is then to determine if the resale is eligible for a royalty or not and will accept or […]
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Is there any process we should follow to determine whether a sufficiently “limited number of copies” of a item exist to determine whether the work is an original visual artwork or not?
If copies are not numbered as with a limited edition print, and there is no other information available to help ascertain how many copies have been made, then you can possibly assume it is not a sufficiently limited number and therefore not a qualifying resale. The Act does not define what a limited number of […]