The Australian resale royalty right for visual artists: Indigenous art and social justice

Abstract

After an impassioned debate, a resale royalty right scheme was introduced into Australia in 2009. This chapter provides a critical examination of the Australian resale royalty scheme – looking at the design of the scheme; its implementation; and its future reform. Section 1 considers the history of the right of resale, and the context of the Australian scheme. It examines the political debate over the Australian resale royalty for visual artists. Section 2 provides an overview of the regime of the Resale Royalty for Visual Artists Act 2009 (Cth). Section 3 focuses on the operation of the Australian resale royalty for visual artists – with a particular examination of the position of Indigenous communities. The conclusion provides recommendations for law reform. It is argued that the right of resale should not be abandoned or diminished in Australia. Indeed, the regime should be enhanced and supported by a number of reforms – including in respect of the temporal operation of the regime; the enforcement measures; and complementary legislative reforms in respect of Indigenous intellectual property. There is also a need for greater international harmonisation in respect of the resale royalty right.