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Visual artists will soon be paid for their work reselling in auction houses and dealer galleries.
New Zealand’s royalty scheme for visual artists will soon become law after the bill which details its operation unanimously passed its third reading in Parliament.
“This has been years in the making and has taken dedication and patience to get right,” Arts Minister Carmel Sepuloni said in a statement.
After select committee feedback on the scheme – which will see artists paid a 5% royalty each time their work is resold on the secondary art market in places like auction houses and dealer galleries – the bill was amended, requiring the royalty collection agency to be subject to the Official Information Act, Ombudsman Act and the Public Records Act.
Artists’ successors who hold resale rights would also have to meet residency requirements to receive the payment, according to the amended bill.
Artworks that sell for $1000 and higher will be eligible for a royalty payment. Previously auction houses argued the figure should be higher, saying that a low threshold would place too big a burden on re-sellers.
In passing its third reading, the Government also confirmed a 20% administrative fee will be deducted from royalty payments to cover costs for the collection agency that will administer the scheme. Despite that, officials hope the scheme will eventually be self-sustaining.
In the case of New Zealanders living overseas, the collection agency would have to pay the royalty to the reciprocal foreign agency, which in turn would pay the artist. The bill was amended to discharge liability from New Zealand’s collection agency in those cases once the foreign agency was paid.
It also stipulates the new collection agency’s requirements to acknowledge and respect the role of Māori as tangata whenua and provide culturally appropriate support to Māori artists.
With unclaimed royalties, the agency will establish a cultural fund to support career sustainability in the arts. But further detail on that fund was yet to be worked through.
The definitions of “visual artwork” and “art market professionals” were also made clearer, while the definition of “professional resale” was expanded to include resales involving public archives and libraries.
The scheme, which recognises the fact that art appreciates in value, is broadly supported by New Zealand’s arts community. The Government was required to enact an artists’ royalty scheme under its newest free trade agreement with the United Kingdom.
The scheme is expected to generate about $702,000 in royalties per year, according to previously released papers.
It will be operational by the end of next year. Sepuloni now has to appoint a collection agency.
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August 24, 2023 at 08:35AM
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Bill introducing artist royalty scheme will become law - Stuff.co.nz
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