Royalties for artists living overseas: Information for Australian Art Dealers

Australia Copyright Agency Limited has added a new webpage to the resale royalty website, with information about royalties where an artist or beneficiary lives overseas: click here to view.

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

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.