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Category: For Artists

  • What is the meaning of ‘Resale’ and how does this apply to sales of gifted or inherited artworks?

    Resale means any sale after the first transfer of ownership (whether for consideration or not). The scheme therefore applies to all sales after the first transfer of ownership. How does this apply to sales of gifted or inherited artworks? Explained in the context of a sale of gifted and/or inherited artwork, that means: For a visual […]

  • How do artists from countries other than NZ benefit from resale royalties?

    Australia and the United Kingdom are reciprocating countries. RRA collects royalties for Australian and United Kingdom artists when they make a qualifying resale in New Zealand, and vice versa.

  • What is the process for claiming an unpaid resale royalty?

    RRA will periodically inspect and audit published auction sale results to monitor compliance with the Act and Regulations.  However, because we rely on art market professionals and other stakeholders in the Scheme to notify us of resale payments that are due on qualifying resales, we may occasionally not be aware of a qualifying resale. A […]

  • How much is the resale royalty payment?

    The amount is the same for both eligible artists and successors, a 5% royalty will be collected for eligible artists each time there is a qualifying resale of their original visual artwork.  The collection and distribution of the payment is managed by RRA, a not-for-profit. RRA will retain 20% for the purpose of funding RRA operations […]

  • What is an “original visual artwork”?

    Checklist 2.1:  If any of the following boxes are checked, the work is a “visual artwork”:   However, visual artwork does not include: * (These terms are defined in s 2(1) of the Copyright Act 1993) Checklist 2.2: To be an “original”, the visual artwork must have been:

  • Who is an “eligible artist”?

    Checklist 3.1 IF the artist is alive at the time the contract for resale is entered into:  is the artist: If you ticked either of these boxes, then the artist is an eligible artist.  Checklist 3.2 IF the artist is deceased at the time the contract for resale is entered into:  at the time of […]

  • What do I need to do as a Visual Artist or Successor?

    Visual artists (and their successors):

  • What can an artist do if they don’t want to accept a royalty? 

    How to decline payment (s 19 the Act, & clause 12 the Regulations)  A right holder may opt to decline to receive:   They do this by giving written notice to RRA (the collection agency).    This doesn’t mean they lose their resale right.  It simply means they are opting to decline to receive payment of all […]

  • When is a resale royalty payable?

    An eligible artist” (or their successor) has a right to be paid a resale royalty each time there is a “qualifying resale” of an “original visual artwork” by that artist (provided the resale right had not “expired” at the time of resale)  Use the flowchart in the Criteria section of the Homepage to apply this […]

  • 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: So, the Auction House / Art Market Professional’s […]