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Resale Royalty Right for Visual Artists Act 2009
30Recovery of amount wrongly paid by the collecting society
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#### 30 Recovery of amount wrongly paid by the collecting society
(1) If the collecting society pays resale royalty on the commercial resale of an artwork to a person who does not hold a resale royalty right on that commercial resale, or an interest in such a right, the amount wrongly paid is a debt due by the person to whom it was paid to the holders of the resale royalty right on the commercial resale.
(2) If the collecting society pays a holder of resale royalty right on the commercial resale of an artwork more than that holder’s share of the resale royalty on that commercial resale, an amount equal to the difference between the payment and that holder’s share of the resale royalty is a debt due by the person to whom it was paid to the other holders of the resale royalty right on the commercial resale.
(3) A holder of the resale royalty right on the commercial resale, or an interest in that right, of an artwork may request the collecting society to collect, or enforce repayment of, an amount under this section on the holder’s behalf.
(4) The collecting society may, if requested to do so by a holder of the resale royalty right or an interest in the right, collect, or enforce repayment of, an amount under this section on the holder’s behalf, and is subject to the direction of the holder of the right in doing so.