UK artists will earn new royalties when their works are resold in New Zealand following Free Trade Agreement.
UK creative sector set for boost as new arrangements ensure British artists are paid when their work is resold in New Zealand
Artist's Resale Right (ARR) is of particular importance to emerging artists, with over 80% using royalties for living expenses
UK artists exported around £2 million of works/art work to New Zealand in 2021
the new measures take effect from 1 December 2024, following the UK-New Zealand trade deal
British artists will now earn new royalties when their artwork is resold in New Zealand, thanks to new arrangements introduced today.
The UK exported around £2 million of goods in the art sector to New Zealand in 2021.
The new rules mean that UK artists will be able to claim resale royalties under the Artist's Resale Right (ARR) each time their art - such as paintings, sculpture, prints, photographs - is resold through the New Zealand professional art market. The ARR provides additional income for visual artists by ensuring the artist is entitled to a royalty that reflects a portion of the original work's value each time it is resold.
This can provide a vital income stream for artists. According to the Alliance for IP, UK artists earn on average £5,000 a year in royalties, with over 80% using their ARR for living expenses and art materials.
Around £12.4 million was paid in resale royalties in 2022 under the ARR in 2022. Since the ARR was first introduced in the UK in 2006, over £120 million has been paid to over 6,000 artists and their heirs.
Trade Minister Douglas Alexander said:
Resale royalties are an important income stream for our talented British artists, helping them continue to produce art and showcase it in homes and galleries around the world.
It's welcome news that, under the terms of our trade deal, they will now also be able to claim royalties when their art is resold in New Zealand. With UK art exports to New Zealand reaching over £8 million between 2016 and 2021, this new arrangement will help boost the income of our world-class creatives.
Minister for Intellectual Property Feryal Clark said:
It's great to see this new agreement with New Zealand which will ensure UK artists make money from their work when it is resold there.
This agreement shows how innovative trade partnerships can champion creativity and enhance the impact of the UK's creative sector.
Chairman of the Artists' Collecting Society Harriet Bridgeman CBE said:
We at the Artists' Collecting Society are delighted that the Artist's Resale Right continues to expand internationally. We are extremely pleased on behalf of the artists and the artists' estates which we represent that New Zealand has introduced ARR domestically and has entered a reciprocal agreement with the UK.
We hope that the expansion of ARR in the UK for Australians and New Zealanders this year is just the beginning of greater international recognition of the rights of artists and artists' estates.
Chief Executive of The Design and Artists Copyright Society Christian Zimmerman said:
The introduction of the Artist's Resale Right in New Zealand, and the reciprocal recognition of the right, marks a significant milestone, building on our successful partnerships within the European Economic Area and with Australia. It is confirmation that the need to ensure fair compensation for artists is being recognised globally.
In our role distributing ARR royalties in the UK, we take pride in the UK's role in championing these rights. By collaborating with art market professionals and sister societies worldwide, ARR is making a significant difference for artists and their beneficiaries.
Notes:
the UK New Zealand FTA entered into force 31 May 2023. At the time of the FTA coming into force, New Zealand did not have an ARR regime. The UK-NZ FTA obliged NZ to introduce an ARR scheme within 2 years of the entry into force. New Zealand has passed legislation for their ARR scheme to apply from 1 December
many creators, such as musicians and authors, earn money by selling copies or licensing other uses of their works. In the field of visual art, such as painting and sculpture, the value is often in the original work rather than in mass-produced copies of it. ARR seeks to provide additional support for visual artists by ensuring the artist is entitled to a royalty reflecting a portion of the original work's value each time it is resold. The resale right ceases once copyright protection expires at 70 years following the artist's death
individual artists cannot request resale royalties directly from the art market professionals involved in the sale of their work. Art market professionals assign a Collective Management Organisation (CMO), which collects and distributes royalties on behalf of artists
there are two CMOs for ARR in the UK - the Design & Artists Copyright Society (DACS) and the Artists' Collecting Society (ACS). Since ARR was introduced in the UK in 2006, DACS has paid over £125 million to over 6,000 artists and, since 2012, to their heirs. It reported £9.4 million paid in resale royalties in 2023, while ACS' published figure was £2.02 million for 2022-23
ARR arrangements have been included in a number of Free Trade Agreements (FTAs) negotiated since leaving the EU. Most recently, these reciprocal arrangements were introduced with Australia on 31 March 2024
further information about the Artist's Resale Right , including how royalties are calculated, is published on GOV.UK
