Document ID: chunk:federal_register_of_legislation:C2024C00506:section:12:p1
Version: federal_register_of_legislation:C2024C00506
Segment Type: section
Provision Reference: s 12 (pt 1/2)
Character Range: 13931–16460

12  Who holds resale royalty right?

Artwork created by a single living artist
 (1) If an artwork was created by a single artist who is identified and living at the time of a commercial resale of the artwork, resale royalty right on the commercial resale is held by the artist, provided he or she satisfies the residency test at the time of the commercial resale.

Artwork created by a single artist who is no longer living
 (2) If an artwork was created by a single artist who is identified but no longer living at the time of a commercial resale of the artwork and who satisfied the residency test immediately before his or her death, resale royalty right on the commercial resale is held by:
 (a) if there is only one successor in title to the right—that entity, provided the entity satisfies the residency test at the time of the commercial resale and the succession test; and
 (b) if there is more than one successor in title to the right—each of those entities that satisfies the residency test at the time of the commercial resale and the succession test.

Artwork created by more than one artist
 (3) If an artwork was created by more than one artist, resale royalty right on a commercial resale of the artwork is held by:
 (a) for each artist who is living at the time of the commercial resale—the artist, provided he or she is identified and satisfies the residency test at that time; and
 (b) for each artist who is identified but no longer living at the time of the commercial resale, who satisfied the residency test immediately before his or her death, and through whom there is only one successor in title to the right—that entity, provided the entity satisfies the residency test at the time of the commercial resale and the succession test; and
 (c) for each artist who is identified but no longer living at the time of the commercial resale, who satisfied the residency test immediately before his or her death and through whom there is more than one successor in title to the right—each of those entities that satisfies the residency test at the time of the commercial resale and the succession test.

Later successors in title
 (4) If an entity holds an interest in the resale royalty right on the commercial resale of an artwork by operation of subsection (2) or (3), or by an earlier operation of this subsection, but the entity is dead or has been wound up at the time of the next commercial resale of the artwork, resale royalty right is held on the next commercial resale of the artwork by:
 (a) if there