Amendments to the Copyright Act would need to include a general definition of the works of art to be covered. It is important for Indigenous artists to not only generate income from artwork during their lifetime but also after their death. The Tasmanian Museum and Art Gallery proposed that resale royalties could apply only to Indigenous sacred works. Some Indigenous arts centres have explored the possibility of introducing a resale royalty as part of their contract of sale. While this may compel first buyers to share the proceeds of the first sale, subsequent purchasers would not be bound to honour the contract of sale with the first buyer.
Legislative changes are necessary to bind subsequent purchasers.
The proposed European legislation is based on the Berne Convention, with provision to exclude private transactions between individuals from its scope. But the right shall apply to resale through public offices, auction houses, galleries or other commercial agencies. It is suggested that royalties shall be payable on the sale price of any transaction involving transfer of ownership of works apart from the first sale. The proposed legislation suggests that the artist's resale right will be inalienable and unwaivable. The proposed European legislation sets out to standardise the categories of original works subject to the right.