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Purpose

The Artist Resale Royalty Scheme will enable a five per cent royalty to be collected on eligible art works.

Legislation

The Resale Right for Visual Artists Act 2023 contains the framework for the Scheme while the Regulations contain supporting operational details. The Resale Right for Visual Artists Act 2023, and the Resale Right for Visual Artists Regulations 2024 will come into force on 1 December 2024.

Related links

Resale Right for Visual Artists Act 2023 (NZ Legislation)

Resale Right for Visual Artists Regulations 2024 (NZ Legislation)

Collection agency

Copyright Licensing New Zealand has been appointed as the collection agency for the Scheme. Resale Royalties Aotearoa Toi Huarau was established as a wholly-owned subsidiary of Copyright Licensing New Zealand to administer the Artist Resale Royalty scheme. Resale Royalties Aotearoa is a not-for-profit organisation that will collect, hold and distribute royalties to visual artists and their successors.

Resale Royalties Aotearoa Toi Haurau

The Minister for Arts, Culture and Heritage has appointed Copyright Licensing New Zealand for a term of 3 years.

Gazette Notice of Appointment of the Collection Agency Under the Resale Right for Visual Artists Act 2023 (NZ Gazette)

Copyright Licensing New Zealand (CLNZ)

Reciprocal arrangements

The Scheme is reciprocal between New Zealand and other countries with an artist resale royalty scheme. This means that artists in each country are treated as rights holders under the other country’s royalty scheme, and the collection agency or agencies in each country will collect royalties on behalf of artists in the other.

The Free Trade Agreements with the United Kingdom (NZ-UK FTA) and the European Union (NZ-EU FTA) require New Zealand to implement the resale right. The NZ-UK FTA also requires that a reciprocal arrangement is in place by 31 May 2025.

NZ-UK FTA (MFAT)

NZ-EU FTA (MFAT)

Review and public consultation

The Scheme will be reviewed every three years to ensure it is operating efficiently and effectively.

If operational changes are made to the Scheme, the collection agency will seek feedback from affected persons before making operational changes, and to engage with Māori on certain matters.