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Frequently Asked Questions

We’ve compiled the most frequently asked questions about the scheme and provided answer in a comprehensive guide. Download the guide here

 

Art market professionals

  • first read information sheet for art market professionals: click here
  • download our guide to read FAQs for art market professionals: click here
  • FAQs addressed include:
    • Can an art market professional find out in advance whether the royalty is payable?
    • Is the royalty payable on a 'cancelled' sale?
    • If a purchaser agrees to buy a work, but negotiates to pay in 30 days time, when is the royalty payable?
    • If a gallery pays an artist an advance against a future sale, is the sale of the work by the gallery a commercial resale?
    • What is a gallery's legal obligation to ensure that sellers provide accurate information about the sales history for an artwork?
    • How much will CAL deduct from the resale royalties?
    • Can the resale royalty apply to works in which copyright has expired?
    • Is GST payable on the 5% royalty?
    • What happens if CAL cannot locate the right holder entitled to the resale royalty?
    • Will royalties be payable on foreign works?

Artists

  • first read information sheet for artists: click here
  • download our guide to read FAQs for artists: click here
  • FAQs addressed include:
    • What about resales in other countries?
    • What if there is more than one artist?
    • How much money will CAL deduct from my resale royalties?
    • Can I get access to the information CAL has about the sales of my works?
    • What about online auction sales?
    • What if I don't want to receive resale royalties?
    • What if I want to collect my resale royalties myself?
    • If a gallery pays me an advance against a future sale, is the sale of the work by the gallery a commercial resale?

Buyers and sellers

  • download our guide to read FAQs for buyers and sellers: click here
  • FAQs addressed include:
    • Can a buyer or seller find out in advance if the royalty will be payable on a future resale?
    • How much will CAL deduct from the resale royalties?
    • Is GST payable on the 5% royalty?
    • Is the royalty paid by the seller or the buyer?
    • Is the royalty payable on the hammer price or on the hammer price plus GST?
    • Would the resale of a piece of jewellery be subject to the resale royalty?
    • Will royalties be payable on foreign works?

Indigenous art centres

  • download our guide to read FAQs for art centres: click here
  • FAQs addressed include:
    • When an art centre purchases an artwork from an artist do we pay the resale royalty?
    • Does the scheme apply to existing works?
    • If a buyer agrees to buy a work, but negotiates to pay in 30 days time, when is the royalty payable?
    • If an art centre pays an artist an advance against a future sale, or on consignment, is the sale of the work by the art centre a commercial resale?
    • How much will CAL deduct from the resale royalties?
    • Who has the legal obligation to pay the royalty?

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