Home  /  Stories  / 

Resale royalty for NZ artists

10 Jul 2008
Artists Alliance and Viscopy congratulate the New Zealand Government for introducing the Copyrigh

Artists Alliance and Viscopy congratulate the New Zealand Government for introducing the Copyright (Artists' Resale Right) Amendment Bill.

Artists Alliance and Viscopy congratulate the New Zealand Government for introducing the Copyright (Artists' Resale Right) Amendment Bill.

A resale royalty is an important right for New Zealand artists and one that is gaining increasing recognition around the world. The introduction of a resale royalty will: - create a level playing field for artists and other creators; - help artists to share with dealers and collectors in the increasing value of their work; and - encourage New Zealand artists to keep making work and contributing to the creative economy.

The Bill provides the framework for a workable and effective scheme which will be simple to administer and deliver maximum benefits to artists. Prior to the introduction of an artists' resale right in the UK in 2006 art market professionals expressed grave concerns about negative effects on their day to day business. In retrospect these fears were groundless.

Art market professionals in NZ are expressing similar concerns about the effects of introducing a resale right.

- Only a very small number of rich and famous artists will benefit Since its commencement in 2006 over 1500 UK artists have derived income from the resale of their work, many of whom are not wealthy or famous. A quick look at art sales in 2007-8 suggests a similar situation will exist in NZ.

- It will be impossible to locate and pay artists Viscopy has been locating and paying artists for over ten years with close to a 100% success rate. In most cases the incentive of a royalty payment owing makes it easy to find artists. Viscopy has also developed formal and informal networks which make it possible to easily find artists and pay them. In the unlikely case that an artist cannot be found monies collected will be returned.

- Administration will be a nightmare for the art market In the UK, art market professionals report monthly using an online system which takes on average around ten minutes to complete using data which is collected for accounting/tax purposes already. The online system automatically calculates the resale royalty owing and generates an invoice. A similar setup will be introduced in NZ.

- The art market will collapse There is no concrete evidence to support this. According to the chief executive of DACS, the organisation that runs the resale royalty in the UK, "The British Government's own report confirms that the volume and the value of the (British) art market has grown as fast, if not faster, than the art market in jurisdictions where the artists' resale right is not currently payable" "Sales have been as healthy as they were before the law came into effect. Clients haven't indicated that they were unwilling to buy because of the royalty" - Glenn Scott-Wright Victoria Miro Gallery London

- The art market will move offshore Evidence available does not support this assertion. It was strongly argued at the time that the art market would move to markets without resale such as Basle and New York. In the UK payments to living artists and their families have not significantly shifted the art business from one country to another. "The real impact on art sales is due to taxes and buyers' premiums, which auction houses are able to negotiate to influence a sale. By comparison, the infinitesimal sums paid in royalties to artists make very little difference." - Mark Stephens, head of media with UK company Finers Stephens Innocent. The introduction of a resale royalty in the UK has been an unqualified success.

Artists Alliance supports this bill because it recognises the artist's ongoing relationship with a work and the fact that the value of the work depends on the continuing career of the artist. An artist's growing body of work and enhanced reputation generally dictates the value of an artwork. - Maggie Gresson, Executive Director, Artists Alliance Artist's Alliance and Viscopy, New Zealand's collecting society for Visual Artists, have been advocating for the introduction of a resale royalty for many years. We look forward to the public consultation process and the selection of an appropriate collecting society to administer the resale scheme.

Press release: Maggie Gresson, Executive Director, Artists Alliance and Michael Keighery, Chair, Viscopy 04/07/08