Resale royalty agency agreement
Terms and conditions of resale royalty agency agreement
You appoint Viscopy as your agent
You appoint Viscopy as your agent for the collection of any resale royalty that may be due to you as the holder of a Resale Royalty Right on a Commercial Resale of your Artwork under the Resale Royalty Right for Visual Artists Act 2009 (“Act”) and in relation to eligible resales of your Artwork overseas.
What Viscopy will do
Viscopy will regularly monitor the website of the Collecting Society for notices of Commercial Resales of Artworks in relation to which you hold a Resale Royalty Right.
If a notice of Commercial Resale in relation to an Artwork in respect of which you are identified as the holder of a Resale Royalty Right is published on the Collecting Society’s website, Viscopy will send a written notice to the Collecting Society advising it to pay the royalty to us. Viscopy will also act on any notices of commercial resale which are given directly to Viscopy, or if you tell us of a resale that has occurred.
Viscopy will use its best endeavours to collect the resale royalty payable on the Commercial Resale from the Collecting Society.
In relation to eligible resales of your Artwork which take place overseas once international reciprocity is achieved, Viscopy will work with those of its international partners that administer a resale right to collect and pay you any royalties they collect.
Once Viscopy has collected a resale royalty due to you Viscopy will pay you the royalty as soon as practicable. Although Viscopy will use its best endeavours, we cannot guarantee that any royalty will be collected.
Enforcing the right
If Viscopy needs to prove or enforce your entitlement to a resale royalty or its own rights to act under this agreement you agree that you will do all things reasonably required for this purpose. You also agree to provide us with any information we reasonably require to enforce your rights or to collect and distribute a resale royalty.
Free service
Viscopy will not charge you a fee for performing the service under this agency agreement. Please note that the Collecting Society deducts a commission of 10% before paying royalties to Viscopy.
Return of royalties in case of mistake
In the unlikely event that we mistakenly pay you a royalty we have collected, you agree that you will return this to us promptly on request so we can pay the right person.
Ending the agency agreement
If you want to terminate this agency agreement, you may do so by giving Viscopy 30 days’ written notice of your intention to terminate. Viscopy may terminate this agreement by giving you 30 days’ written notice of its intention to terminate.
Meaning of terms in the agency agreement
The terms “Artwork”, “Collecting Society”, “Commercial Resale” and “Resale Royalty Right” used in this agreement have the meanings given to them by the Resale Royalty Right Act for Visual Artists Act 2009.