Is the artist an “eligible artist”?

Checklist 3.1:   IF the artist is alive at the time the contract for resale is entered into:  is the artist:

  • a New Zealand Citizen, or a person domiciled or resident in New Zealand; or
  • a citizen or subject of, or a person domiciled or resident in,  a “reciprocating country” At the time of publication this includes Australia and the United Kingdom.

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 their death was the artist: 

  • a New Zealand Citizen, or a person domiciled or resident in New Zealand; or
  • a citizen or subject of, or a person domiciled or resident in, a reciprocating country

If you ticked either of the above, then the deceased artist is an eligible artist.  Although the eligible artist is deceased, the resale right is held by their successor(s) (meaning the successor(s) are entitled to payment of the royalty, provided they meet the same criteria for eligibility (above).