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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:

  1. if the artist is living: at the time of the resale, the artist was not an Australian citizen or resident.
  2. 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:

  • Roy de Maistre
  • Ian Fairweather
  • Sam Fullbrook
  • Clement Meadmore
  • Percy Leason
  • Clifford Last
  • Basil Hadley
  • Colin Colahan
  • Stella Bowen

The situation may change, however, when:

  • the Australian scheme is extended to other countries; and/or
  • there is a new successor in title; or
  • the successor changes his/her status to meet the succession test. 

This means an artist's work may transition in and out of eligibility. If you would like to find out in advance of a sale whether a royalty is likely to be payable, please contact Copyright Agency on 1800 066 844.


All resales with a sales value of $1000 + (Incl gst) must be reported to us, whether or not a royalty is payable, and we determine if a royalty is payable. Therefore, please continue to report resales of works by the artists listed above.

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.

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