A comparative analysis reveals a sharp geographical disparity: despite global momentum, Southeast Asia remains entirely without a formal ARR framework. In Malaysia, artistic protections are governed by the Copyright Act 1987, which excludes resale royalty provisions, thus leaving Malaysian artists structurally isolated from the appreciation of their work in a growing secondary market. Although the recent 2024 policy collaboration between the National Visual Arts Development Board and Universiti Teknologi Mara (UiTM) signals an emerging intent for reform, formal legislation has yet to materialize.
The Artist’s Resale Right (ARR) is a vital legal mechanism designed to ensure visual artists share in the long-term financial success of their works. While globally adopted by over 106 countries, implementing an effective ARR framework presents significant structural and operational challenges. This article examines the core global hurdles of ARR implementation, focusing on liability determination, transparency and data access, tracking private or informal resales, balancing commercial interest with artistic equity, and pervasive lack of awareness among creators.
A comparative analysis reveals a sharp geographical disparity: despite global momentum, Southeast Asia remains entirely without a formal ARR framework. In Malaysia, artistic protections are governed by the Copyright Act 1987, which excludes resale royalty provisions, thus leaving Malaysian artists structurally isolated from the appreciation of their work in a growing secondary market. Although the recent 2024 policy collaboration between the National Visual Arts Development Board and Universiti Teknologi Mara (UiTM) signals an emerging intent for reform, formal legislation has yet to materialize.
To address this policy gap, this article outlines five strategic recommendations for Malaysia: embarking on comprehensive nationwide awareness campaigns, establishing a centralized registry for tracking transactions, mandating reporting requirements for market intermediaries, creating an independent collecting society modeled after international best practices, and formally amending the Copyright Act 1987. Ultimately, this article argues that adopting ARR is a crucial step toward rectifying economic disparities, ensuring market sustainability, and legally recognizing the enduring value of Malaysian creators.
Read the original articles here: https://conventuslaw.com/report/malaysia-artists-resale-right-issues-and-challenges/