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 qualifying resale. 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.
Related Articles
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 ...
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 ...
How does Section 7(3) of the Act relate to “commissioned” artwork?
Section 7(3) of the Act states “An artist has a right under this section irrespective of whether they are or were the first owner of copyright in the artwork.” This means that if the artwork was “commissioned” (as per Section 21(3) of the Copyright ...
What is the process for claiming an unpaid resale royalty?
RRA will periodically inspect and audit published auction sale results to monitor compliance with the Act and Regulations. However, because we rely on art market professionals and other stakeholders in the Scheme to notify us of resale payments that ...
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 ...