Australia & New Zealand Intellectual Property Law

27 June 2008

NZ Copyright (Artists’ Resale Right) Amendment Bill 2008

The Copyright (Artists’ Resale Right) Amendment Bill 2008 amends the Copyright Act 1994 to establish a mandatory resale right for certain artists when their artistic works are resold in New Zealand. A resale right entitles an artist to receive a resale royalty payment each time an original artistic work is resold on the secondary art market. It does not apply to the first sale of the work. The Bill creates a property right for an artist and his or her successors over the artist's artistic creations for a period expiring (broadly) 50 years after the death of the artist. During that time the holder of the resale right would be entitled to a royalty payment to be obtained by a collecting agency.

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