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:
- Roy de Maistre
- Ian Fairweather
- Sam Fullbrook
- Clement Meadmore
- Percy Leason
- Clifford Last
- Basil Hadley
- Colin Colahan
- Stella Bowen
- Ida Rentoul Outhwaite
- Ethel Carrick Fox
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.