What is the process for claiming an unpaid resale royalty?

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 are due on qualifying resales, we may occasionally not be aware of a qualifying resale.

A Right Holder who believes that a qualifying resale has taken place is encouraged to notify us through the “Contact Us” form available on our website. 

Right Holders have 6 years from the date of the qualifying resale to notify us of any claim from the date of the resale.  After that period expires, we will have no liability to the Right Holder to collect or pay the resale royalty.

If a Right Holder wishes to notify us of a resale royalty they think they are owed, they must provide us with:

  • Evidence that the person is the Right Holder
  • Evidence that the relevant resale is a qualifying resale
  • The names of the persons liable under section 17 of the Act to pay the resale royalty, if known.

On receipt of such a notice from a Right Holder, we will use reasonable efforts to verify the claim.  If the claim is verified and we have not already processed the relevant resale royalty payment, we will notify the persons who are liable to pay the resale royalty of their obligations under the Scheme and follow our process set out above for collecting and distributing the resale royalty payment.  We will then have no further obligation to the Right Holder until we receive the resale royalty payment.  While we will use reasonable efforts to resolve claims, we cannot guarantee any particular outcome.

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