Commentary

197 Liability to pay resale royalty

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

197 Liability to pay resale royalty

| Commentary

197 Liability to pay resale royalty

Liability for payment of the resale royalty in respect of the sale is imposed jointly and severally on the seller and on a specified art-market professional involved in the sale1. The purpose of this is to simplify and reduce the cost of collecting the payments. The specified art-market professional is the agent of the seller, or where there is no such agent, the agent of the buyer. Where there are no such agents, the buyer who is an art-market professional is jointly and severally liable with the seller2. Liability arises on completion of the

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