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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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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What if the seller or donor to a GLAM wishes to remain anonymous?
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 name and contact details of the seller. The GLAM (and the seller’s) liability becomes fully discharged as soon as full payment is received by RRA. Regarding any anonymity […]
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In the example where a GLAM gift shop 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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How does the scheme apply to GLAM organisations?
The scheme applies to: Three ways the Scheme affects GLAM:
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In the RRA guidelines, it states RRA will ‘verify’ GLAM’s reports. What does this involve?
RRA will review resales reports for detail and completeness, as defined by the Act and Regulations. The objective of verifying reports is to have complete and accurate information to support rights holder identification and distribution processes, ensuring timely payment to the artist(s) or successors(s).
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When a GLAM that operates a gift shop makes a sale of an original visual artworks that has been purchased directly from the artist, is this regarded as qualifying resale?
If the GLAM gift shop has actually purchased the original visual artworks from the artist, this is the initial sale, and when the GLAM gift shop sells the item to their customer this is a resale which will be regarded as a qualifying resale, assuming the other criteria are met. If however, the artist has […]
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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 […]