Appendix 6 - Resale royalty arrangements - major proposals


Appendix 6 - Resale royalty arrangements - major proposals

Listed below are major proposals submitted to DCITA as part of the department's consideration of a resale royalty scheme in Australia in 2004.

The Australia Council

The Australia Council supported a model that incorporated the following features:

  • a minimum price threshold of $3000;
  • a sliding scale that starts at 5 per cent and trends down to one per cent;
  • coverage of all sales through professional intermediaries;
  • administration by a copyright collecting society; and
  • supervision by the Copyright Tribunal.[1]

NAVA

NAVA proposed the following arrangement:

  • the scheme should apply to all Australian artistic works which are resold in Australia or overseas in countries with comparable schemes;
  • the duration of the scheme should be tied to copyright arrangements – that is, the life of the artist plus 70 years;
  • the level of the threshold should be set by the copyright collecting society (which would be appointed by the Attorney General); and
  • the royalty should be a flat rate of 5 per cent.[2]

Viscopy

Viscopy proposed that:

  • all artistic works currently in the period of copyright should be covered;
  • the duration should exist for the same period as other forms of copyright, that is 70 years;
  • an appropriate threshold would be between $1000 and $3000; and
  • the royalty should be a flat rate of 5 per cent.[3]

Desart

Desart proposed the following arrangements:

  • a minimum threshold of $5000;
  • a sliding scale stating at 2.5 per cent for the portion of the sale price up to $200 000; 0.75 per cent for the portion of the sale price up to $500 000 and 0.25 per cent exceeding $500 000;
  • the scheme should cover all works of fine art, craft and sculpture;
  • a collecting agency should be established; and
  • the duration of arrangements should be in line with copyright arrangements.[4] 

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