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Appendix 5 - Resale royalties - outcomes for Indigenous artists

This appendix details the outcomes for Indigenous artists in terms of economic benefits they would receive from a resale royalty.

  • Sliding scale on sales from $8000 – of 67 artists sharing in royalties of $217 500 in the 2003 art auction sales, $112 000 (or 51 per cent) would go to the estates of five deceased artists. The remaining $106 000 would be divided amongst 62 artists, with an average royalty payment of $1700.
  • Sliding scale on sales from $5000 – of 97 artists sharing in royalties of $236 000, $106 000 (or 45 per cent) would go to the estates of four deceased artists. The remaining $130 000 would be divided amongst 93 artists, with an average royalty payment of $1400.
  • Sliding scale on sales from $1000 – 218 artists would share in $257 000, or 15 per cent of total royalties payable. The majority of these artists, or their estates (72 per cent) would receive payments of less than $500.
  • Sliding scale on all resales – 237 artists would receive royalties (19 more than under the $1000 threshold model). The families/communities of four deceased artists would receive 41 per cent of the total royalties available.
  • Five per cent on sales from $8000 – of 67 artists sharing in royalties of $339 000, 55 per cent would be shared between the families/communities of five deceased artists. The average royalty payment to the remaining 62 artists would be $2460.
  • Five per cent on sales from $5000 – of 97 artists sharing in royalties of $362 000, no living Indigenous artists would receive payment in the first and second payment ranges. The highest-selling living Indigenous artist would receive $10 400.
  • Five per cent on sales from $1000 – of 218 artists receiving royalties the average royalty payment would be $1800. Of these artists, 21 per cent would receive less than $100.
  • Five per cent on all resales – of 237 artists sharing in royalties of $392 000, no living Indigenous artists would receive payments in the first, second and third payment ranges. The estates of five deceased Indigenous artists would receive 49 per cent of the total royalties to Indigenous artists. The remaining $200 000 would be divided between 232 artists, with an average royalty payment of $865.
  • Portion-based sliding scale on sales from $5000 – of 97 artists sharing in royalties of $259 000, no living Indigenous artists would receive payments in the first, second and third payment ranges. The estates of five deceased Indigenous artists would receive 49 per cent of the total royalties to Indigenous artists. The remaining $131 000 would be divided between 92 artists, with an average royalty payment of $1424.
  • Living artists only – sliding scale on sales from $5000 – the 50 living artists would receive benefits ranging from $165 to $5000.  

Source: DCITA, Proposed Resale Royalty Arrangement: Discussion Paper, 2004, Appendix B.

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