Archive for February 22nd, 2009

Resale royalty bill

Sunday, February 22nd, 2009

The House Committee report into this bill has now been published.

Background and potted summary here and here.

There are 9 principal recommendations including introduction of an “opt out” clause for artists,

  1. broadening of the scope of artwork covered to include “batik, weaving, or other forms of fine art textiles; installations; fine art jewellery; artist’s books; carvings; and multimedia artworks, digital and video art”;
  2. broadening of the scope of clause 8(3)(d) of the Bill be to reflect the full range of transactions involving the ‘commercial’ resale of artwork (eg the Internet);
  3. broadening of the scope of the definition of art market professional to include ‘art market dealer’, in lieu of ‘art dealer’ in order to capture other commercial operators whose primary business may not be artwork but nonetheless sell artwork from time to time
  4. to address concerns about acquisition of property on other than just terms, amendment of the bill to exclude from liability for payment the seller or alternatively exclude the bill’s operation from the first resale after the bill comes into force

and some rather novel recommendations in relation to the treatment of aboriginal or indigenous artists.

Lid dip, Copyright Council.

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