Principles, Structure & Mechanism of Royalty Distribution
This policy governs the collection, calculation, and distribution of resale royalties for visual artists through the Collective Management Organization (CMO). It establishes a transparent, fair, and systematic framework ensuring that artists receive ongoing economic returns from the secondary art market.
1. Basic Principles of Distribution
The CMO Board of Directors is responsible for determining the methods of allocation and distribution in accordance with the Articles of Association and relevant management acts.
All aspects of the regulations and distribution processes must be transparent, fair, and easily understood by members.
All collected royalties will first be deducted for management and operational costs before the net balance is distributed to members according to the established scheme.
2. Rules and Distribution
2.1 — Allocation Division of Works Among Creators
100% of the royalty allocation for each artwork (such as paintings, prints, sculptures, photography, or digital illustrations) will be fully distributed to the Creator (Artist) category.
Single Creator: If the artwork is created by only one artist, that individual is entitled to receive 100% of the allocation share.
Collaborative / Group Artwork: If the artwork is created jointly, the 100% allocation will be divided equally among all registered creators, unless there is a written agreement stating otherwise.
Royalty distribution is based on the "COMPLETE WORK" status, which refers to a registration containing the complete list of creators who directly contributed to the production of the artwork.
2.2 — Group Allocation Division
The CMO Board of Directors manages the group allocation division in accordance with the Articles of Association, ensuring equitable distribution among all qualifying members within each pool. All royalties collected within one financial year will be allocated into four (4) main pools based on the source of transactions and the usage of visual artworks:
Auction House
Royalties generated from the resale of original artworks through professional auction agents or public auction houses under the Resale Royalty Right principle.
Exhibition & Galleries
Income generated from the display of original artworks in exhibition spaces, art galleries, or commercial premises involving access fees or public exhibitions, including royalties from artwork sales during the exhibition period.
Online Digital Platforms
Royalties generated from the resale of original artworks through online auction platforms, art marketplaces, or digital galleries, with digital intermediaries acting in the secondary market.
Collectives & Individuals
Royalties collected from resale transactions (secondary market) that occur directly between art collectors and subsequent buyers.
3. Frequency & Distribution Period
Royalties are distributed once a year, covering the full financial year from 1 January to 31 December.
Distribution will be made within eighteen (18) months after the end of the financial year (1 January – 31 December).
4. Minimum Payment
Minimum threshold: RM 100.00
Below Threshold: If the royalty amount in a particular distribution is below RM100.00, the payment will be postponed and carried forward to the following distribution year.
Auto Payment: The royalty will be automatically paid in the next distribution cycle once the accumulated amount exceeds the RM100.00 threshold.
5. Net Royalty Calculation Structure
- Total Gross Royalties: All royalties collected from Auction Houses, Galleries, Online Platforms, and Collectors/Individuals.
- Minus: Management Costs: Operational and administrative costs deducted before net distribution.
- Minus: Statutory Deductions: Taxes and other statutory charges applicable to the royalty fund.
- Minus/Plus: Adjustments: Final reconciliation adjustments including carry-forwards from previous financial year.
- = Net Royalty for Distribution: The balance distributed pro-rata to all eligible members based on their allocation share.
6. Untracked Work Allocation (UWA)
Purpose: UWA provides compensation for the use of visual artworks that cannot be specifically recorded in primary data analysis — due to sampling factors, unreported digital usage, or hard-to-track secondary market transactions (e.g. digital displays in small premises, community exhibitions, corporate decorations).
Suspension & Reactivation: UWA allocation will be suspended for members who do not generate any primary royalties for more than one (1) year. However, it will be automatically reinstated in the year the member begins receiving primary royalties again.
Exclusion: No UWA allocation will be distributed to foreign collecting societies or foreign artists through reciprocal agreements.
7. Eligibility & Royalty Benefits
Individuals recognized as visual art creators are eligible to join the organization subject to an official written mandate authorizing the CMO to manage their economic rights.
- Members must have joined the management body on or before the relevant Distribution Year.
- The member must generate royalties from primary sources (Auction Houses, Exhibitions/Galleries, or Collectors/Individuals) during the relevant distribution year, excluding UWA amounts.
Eligibility of Heirs: In the event of the death of a registered member, the right to receive royalty distributions shall be transferred to the lawful heirs or to an individual/entity officially appointed through written legal authorization.
Claim Procedure: The estate administrator, heirs, or appointed trustees are required to submit valid supporting documents (such as Letters of Administration or Probate) to verify eligibility to act on behalf of the deceased.
Claim Period: Claims for eligible royalties may be submitted within a period of three (3) years on behalf of a deceased member within the same year.
Unclaimed Royalties: If no claim is made after three (3) years, the royalty shall be transferred into the general royalty distribution pool and redistributed pro-rata to other eligible members.
8. International Distribution
Reciprocal Agreements: Royalties derived from the use of members' artworks overseas and collected through the CMO under reciprocal agreements shall be distributed based on verified usage records.
Regulatory Compliance: Distribution shall be carried out in accordance with the terms determined by the CMO Board of Directors and shall be subject to the rules and laws of the respective country.
Overseas Costs & Expenses: All costs, charges, and expenses incurred overseas — including taxes, administration, legal matters, translation, and logistics — shall be fully borne by the relevant foreign collecting society.
Transparency & Records: The CMO shall ensure that all international transactions are systematically documented and recorded for the purposes of transparency and accountability.
9. Royalties from Overseas
All royalties collected from the use of members' artworks overseas shall be distributed to the respective members at 100% without any deduction of administrative costs by the CMO.
- To ensure that members receive full benefits from the use of their artworks overseas.
- To avoid imposing administrative cost burdens on members for overseas collections.
10. Reports and Records
The data and information used for distribution are collected from the following sources:
- Auction Houses: Records of resale transactions through public auctions or professional agents.
- Exhibitions / Galleries: Records of exhibitions, sales, and artwork usage in gallery or commercial spaces.
- Digital Platforms: Records of transactions, resale activities, and ownership data on art portals or marketplaces.
- Collectors / Individuals: Records of purchase and sale transactions reported by collectors or individuals in the secondary market.
All data shall be officially collected, verified, and systematically recorded in accordance with the CMO's established operating procedures. Only Complete Works are eligible to receive royalties.
Appendix — List of Art Disciplines
Paintings, Sculptures, Prints, Murals, Calligraphy, Installations
Ceramics, Textiles, Glass, Artistic Jewelry, Wood/Metal Carvings
Digital Art, Interactive Media, Artistic Video