Who is an “eligible artist”?

Who is an “eligible artist”?

Checklist 3.1 IF the artist is alive at the time the contract for resale is entered into:  is the artist:

  • a New Zealand Citizen, or a person domiciled or resident in New Zealand; or
  • a citizen or subject of, or a person domiciled or resident in,  a “reciprocating country”

If you ticked either of these boxes, then the artist is an eligible artist. 

Checklist 3.2 IF the artist is deceased at the time the contract for resale is entered into:  at the time of their death was the artist: 

  • a New Zealand Citizen, or a person domiciled or resident in New Zealand; or
  • a citizen or subject of, or a person domiciled or resident in, a reciprocating country

If you ticked either of the above, then the deceased artist is an eligible artist.  Although the eligible artist is deceased, the resale right is held by their successor(s) (meaning the successor(s) are entitled to payment of the royalty, provided they meet the same criteria for eligibility.

    • Related Articles

    • Do we report the resale if we don’t know the name of the artist or maker?

      Yes, even if you do not know the artist or makers name(s) we kindly ask that you report all qualifying resales to us. Please provide any information you can about the works origins (if known). RRA’s role is then to determine if the resale is eligible ...

    • When is a resale royalty payable?

      An "eligible artist" (or their successor) has a right to be paid a resale royalty each time there is a “qualifying resale” of an “original visual artwork” by that artist (provided the resale right had not “expired” at the time of resale) Use the ...

    • 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 ...

    • How much is the resale royalty payment?

      The amount is the same for both eligible artists and successors, a 5% royalty will be collected for eligible artists each time there is a qualifying resale of their original visual artwork. The collection and distribution of the payment is managed by ...

    • What is the duration of the resale right period and will this change with the Copyright Act review?

      Section 15 of the Act states that the duration of the ARR right is 50 years from the end of the calendar year that the (eligible) artist dies, (or if 2 or more artists create the qualifying artwork, then 50 years from the end of the calendar year ...