22 February 2012
Royalties where artist or beneficiary lives overseas
We presume (in accordance with the legislation) that there is a rightholder who can claim a royalty unless we have information to the contrary.
Under the current law, this information is:
- if the artist is living: at the time of the resale, the artist was not an Australian citizen or resident.
- if the artist has died:
- when the artist died, he or she was not an Australian citizen or resident; or
- there is no successor who has a connection with Australia.
A successor can be a beneficary or a trustee.
Our research indicates that works by the following artists are not currently subject to resale royalties because there is no successor who has the requisite connection with Australia:
- Sidney Nolan
- Roy de Maistre
- Sam Fullbrook
The situation may change, however, when:
- the Australian scheme is extended to other countries; and/or
- there is a new successor in title.
All resales must be reported to us, whether or not a royalty is payable, and we determine if a royalty is payable.
If you would like an indication in advance of whether or not a royalty is likely to be payable, please contact us and we will do our best to assist.