Category: Publicly funded Galleries, Libraries, Archives and Museums (GLAM)
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What are the GLAMs reporting obligations when reporting a qualifying resale when the purchase is made from a collective? (e.g A group of artists who work collectively or under an umbrella ‘collective’ organization).
The same reporting rules apply. Assuming it is a qualifying resale (i.e. not a first sale), the responsible party must report the sale under section 21. That must include information about the name of the artist (or artists) if known.
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Is protest art an original visual artwork (e.g. a protest placard)?
We consider that each respective GLAM is best qualified to determine whether an item meets the definition of “original visual artwork”. Section 8(2) defines visual artworks as: In this Act, visual artwork— (a)includes a visual work of any 1 or more of the following types: (i)a cultural expression of Māori: (ii)a cultural expression of Pacific peoples: […]
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Does the transfer of a collectors estate count as a qualifying resale? E.g. Art collector leaves collection to a GLAM.
The Transfer of a collector’s estate is unlikely to count as a qualifying resale unless there is consideration given. If no consideration is given, then in our view that is not a qualifying resale. If, however, consideration is given it may be a qualifying resale.
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What is the time limit for retrospectively reporting a resale when additional information to support a qualifying resale becomes available?
Section 17 (2) of the Act states that the liablity for payment of a resale royalty arises on completion of the qualifying resale, and Section 17 (3) of the Act states that liability is discharged when the total amount of the resale royalty is paid to the Collection Agency. This means that there is no […]
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Is the GLAM required to report a qualifying resale in instances where they have not identified the artist? e.g. Maori artifact
Yes. A GLAM must report all “qualifying resales” (even if the identity of the artist is unknown – see section 21(2)(d)). Please note, however, that not every qualifying resale the GLAM reports will necessarily attract a royalty. If the artist is unknown to the GLAM, RRA will nevertheless attempt to identity the artist in order […]
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Is a GLAM required to report seller information for resales to the GLAM where the resale / donation is conditional to anonymity? E.g. Executor of an estate.
If it is a donation then it is unlikely to be a qualifying resale (see below). But if it is a qualifying resale it is as above. i.e. If the GLAM assumes full liability for payment of the royalty, and pays the royalty to RRA, then RRA would not require the GLAM to provide the […]
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In the example where a GLAM gift shope is acting as an AMP – are they required to report buyer information for qualifying resales in a retail context (e.g. an American Tourist purchases art)? What if the GLAM gift shop is prepared to assume full liability for the resale?
Section 21 of the Act details the reporting requirements which includes as follows: (a) the name of the artwork, if known: (b) a brief description of the artwork: (c) the resale value: (d) the name of the artist, if known: (e)the name and contact details of the persons liable under section 17 to pay the resale royalty, […]
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Are GLAM gift shops acting as AMPs when selling original visual artworks to their customers when the first sale is between the artist and the GLAM gift shop?
In this case yes, as the GLAM gift shop can be regarded as “any other person who is in the business of dealing in visual artworks”, they will fit the definition of an AMP under the act. In any event, the obligations will be the same whether they are regarded as a GLAM member or […]
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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 […]
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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: