Commonwealth Consolidated Acts

RESALE ROYALTY RIGHT FOR VISUAL ARTISTS ACT 2009 - SECT 16

Where there is more than one artist and they are all living

  (1)   If all of the holders of the resale royalty right on the commercial resale of an artwork are artists of the artwork, each artist is entitled to an equal share of the resale royalty on that commercial resale, unless:

  (a)   the artists have agreed to apportion shares in the resale royalty differently; and

  (b)   that agreement does not give a share of the resale royalty to any other person (other than through testamentary disposition or in accordance with the rules of intestate succession on the death of an artist).

Where more than one artist, but one is no longer living

  (2)   If:

  (a)   there is more than one artist of an artwork; and

  (b)   one of the artists is identified but no longer living at the time of a commercial resale of the artwork; and

  (c)   the artist satisfied the residency test immediately before his or her death;

it is the share of the resale royalty on the commercial resale of the artwork to which the artist would have been entitled had the artist been alive, identified and satisfied the residency test at the time of the commercial resale that passes to those holding resale royalty right on the commercial resale of the artwork through that artist.