A victory for the people's artists
Friday, 26 June 2009 05:28
Darren Cheeseman Speech on Resale Royalty Right for Visual Artists Bill 2009
Mr Speaker, what a great Bill to speak to.
When I was elected to the parliament I thought the Bills I would address would be about more mundane things, or things of a more concrete nature.
But here we are today.
This Bill is a great Bill because it is about recognising and rewarding people’s talents and creativity.
And that’s certainly a very important thing in our civilisation.
These are base value that we teach our kids.
Encouraging people. Encouraging people’s unique talents, which everyone undoubtedly has Mr Speaker.
Of course what this is about is not children, or not usually. It is about people’s livelihoods. And the worth of that livelihood.
And so what we are doing here is actually quite ground-breaking.
We are extending formal recognition, legal recognition and recompense, for a much broader range of art than the law has previously provided for.
And, in doing so Mr Speaker, the Bill goes to a fascinating question.
It goes to one of the eternal questions Mr Speaker.
The question of “What is Art?”.
Many people say that this question is unanswerable.
My view is that there are some answers, if not complete and definitive answers.
And I think this Bill has got some of these answers right!
The Bill has got the principles right.
I think this Bill gets it right, and in doing so, provides very important recognition and rewards for visual artists.
The rights bestowed by this Bill will entitle visual artists and their heirs to a 5 per cent royalty on resales of original artworks which sell for $1000 or more on the secondary art market.
The right will apply for the same period as copyright, i.e. for 70 years after the death of the artist.
The right will be inalienable and unable to be waived.
The right will apply to many types of artworks, but will exclude buildings, plans or models for buildings, circuit layouts, and manuscripts.
The right will acknowledge artworks created by more than one artist.
Mr. Speaker, not surprisingly, in a Bill of this nature, there has been a bit of a trail in its development.
The Resale Royalty Right for Visual Artists Bill 2008 was introduced into Parliament and referred to the House Standing Committee on Climate Change, Water, Environment and the Arts.
The Committee’s report was released on 20 February 2009.
In response to the House of Representatives Standing Committee on Climate Change, Water, Environment and the Arts Report on the Bill, the Government has agreed to make some minor amendments to the Bill to further clarify its intent and to ensure the smooth operation of the scheme.
The Government has agreed, or partially agreed, to a number of the Committee’s recommendations.
Two require amendments to the Bill.
The amendments relate to:
• the definition of what constitutes an artwork (Clause 7); and,
• the commencement of the scheme (Clause 2).
The first amendment addresses the Government’s acceptance of the Committee’s Recommendation 1 to broaden the definition of “what is an artwork” to include further examples that were previously listed in the EM, such as batik, weaving, or other forms of fine art textiles; installations; fine art jewellery; artist’s books; carvings; and multimedia artworks, digital and video art.
The term ‘graphic or plastic’ art has been replaced by the broader term ‘visual art’ to reflect the broader list of examples.
This is consistent with recommendations put forward by members of the Coalition for an Australian Resale Royalty (CARR).
This change also requires minor consequential amendments to the definitions in clause 3 where it refers to ‘artwork’. In addition, a new regulation making power has been included to allow further examples to the list of artworks if this becomes necessary to reflect future changes in artistic practice.
These changes are consistent with the existing policy intent of the Bill but will clarify the situation for stakeholders. They will make it easier for stakeholders to understand which artworks would qualify for the scheme, thereby reducing the potential for uncertainty or disputes to arise. This will create greater certainty for artists and art market participants.
Mr Speaker, I know there are some traditionalists who will say that this is all just new age flummery; that a violin is not a fiddle.
But I am very much for the change.
I think the previous artist rights regime was in many ways elitist.
The previous regime is a leftover from the days when the toffs ruled the world and decided what was art and what was not.
Today is a day for the people’s artists Mr. Speaker.
Today is a day for the peoples artists, and of course that’s what Labor is about.
Mr. Speaker there are those that would say that a harmonica is not a real instrument.
But I defy them to jump up on stage and say that in a Sonny Terry and Brownie Magee concert.
Of course a harmonica in the hands of a great artists is as beautiful as any other instrument.
It is just a bit of snobbery.
Why should a beautiful batik artwork be given a lesser value than a painting?
Who is to say that wood carvers are of a lessor value than a painting or song?
Who is to say that the digital arts are automatically of a lesser value because they are digital?
Who is to say our traditional batik indigenous artists are not as good as the European masters?
There’s no reason Mr. Speaker, other than tradition and elitism.
So what we are doing is right and fair I think Mr Speaker, and overdue.
Mr Speaker, the second part of the Bill is more about process and implementation.
The second amendment in this Bill alters the commencement date of the scheme to reflect the delays in passage of the legislation due to its referral to the Committee for inquiry.
Sections 3 to 5, and Parts 2, 4 and 5 of the Bill refer to the nature of the resale royalty right and its enforcement, which cannot be implemented until a collecting society is selected to monitor and administer the scheme.
The royalty will be applied only to resales where the seller has acquired the work after the legislation takes effect.
This is to protect existing property rights and to allow businesses in the Australian art market to adjust to this change in their operating environment, ensuring a smooth transition to the resale royalty scheme.
The seller, the buyer and any agents involved in a qualifying resale will be joint and severally liable to pay the royalty.
Royalties for artists will be collected by a single collecting organisation appointed by the Minister following a competitive tender process.
The Government committed $1.5 million over three years in the 2007-08 Budget to fund the establishment of the scheme.
The seller or their agent will be required to notify the collecting organisation of commercial resales of artworks.
Failure to notify may result in a civil penalty. Jurisdiction will rest with the Federal Court and Federal Magistrates Court.
Mr Speaker, as I said in the beginning, the introduction of this Bill marks a landmark day for Australia’s visual artists.
It is a landmark day for the people artists.
It is a day when we encourage artists.
It is a day when we celebrate their worth.
It is a day when we recognise our traditional artists.
Today is a day of equality for artists.
And of course, yet again, it is Labor - as it always is - who recognises that.
I commend the Bill to the House.
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