How do you define ‘limited number of copies’?
The Act does not define what a limited number of copies is, although there is provision in the Copyright Act that a 3 Dimensional artwork that has fewer than 50 copies produced is copyright protectable, so this might be a useful benchmark. We suggest using good faith best efforts to do your due diligence in researching, and keep a record of your research in case it is needed at a future date. If you have any concerns or want to discuss then please just get in touch with us.
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Is there any process we should follow to determine whether a sufficiently “limited number of copies” of a item exist to determine whether the work is an original visual artwork or not?
If copies are not numbered as with a limited edition print, and there is no other information available to help ascertain how many copies have been made, then you can possibly assume it is not a sufficiently limited number and therefore not a ...
What is an “original visual artwork”?
Checklist 2.1: If any of the following boxes are checked, the work is a “visual artwork”: cultural expressions of Māori or Pacific peoples; painting, drawing, carving, engraving, etching, lithography, woodcutting, printing (including a book of ...
What are the requirements to report all secondary purchases to RRA, or only those that are a Qualifying Resale under the Act?
You are only required to report a Qualifying resale as defined in the Act. The scheme will operate on good faith and the belief that you are better qualified to determine whether a purchased item is a qualifying resale or not, and we will not be ...
Who is an Art Market Professional?
The Act defines “Art Market Professionals” in section 11 as: (a) a person who carries on business as an auctioneer (within the meaning of section 5(3) of the Auctioneers Act 2013): (b) an art dealer: (c) an art consultant: (d) the owner or operator ...