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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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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RRA policy on non-compliance
If a liable person fails to pay a resale royalty, or fails to provide the required reporting information, or if any other requirement of the Act is not complied with, then the Act provides that the Collection Agency may apply to a court for orders enforcing these obligations, and for any other order that is appropriate […]
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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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How is the resale value calculated?
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” which may include: ‘Resale value’ does not include: Plain English Guidelines In plain English, this […]
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What is the duration of the resale right period and will this change with the Copyright Act review?
Section 15 of the Act states that the duration of the ARR right is 50 years from the end of the calendar year that the (eligible) artist dies, (or if 2 or more artists create the qualifying artwork, then 50 years from the end of the calendar year that the last surviving artist dies). This […]