European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

The author of a work of art - or after his death his assigns - has a “droit de suite” (resale right) on his work which he may not waive . This right is non-assignable and inalienable and authorizes the author, then his heirs, to receive remuneration as successive sales of the work take place. The artist may thus benefit from the success of a work that he could have initially assigned for a low pri …

Context

The author of a work of art - or after his death his assigns - has a “droit de suite” (resale right) on his work which he may not waive . This right is non-assignable and inalienable and authorizes the author, then his heirs, to receive remuneration as successive sales of the work take place. The artist may thus benefit from the success of a work that he could have initially assigned for a low price.

Article 14ter of the Berne Convention of 9 September 1886 for the Protection of Literary and Artistic Works gives an optional character to that right. Thus, not all the States recognized it until Directive No 2001/84 of 27 September 2001 which imposes it in all the Member States. Harmonization of national laws is however limited to the provisions which have the most direct impact on the functioning of the domestic market, such as the level of rates fixed for the application of the royalty. Questions relating to inheritance law, to conditions of management of the royalty, to its collection and distribution, are not covered. The directive only indicates that Members States may provide for the compulsory or optional collective management of the royalty and, after the death of the author of the work, those entitled under him/her may benefit from it (Article 6). In this respect, Member States are free to define the categories of persons capable of being considered, under national law, as those entitled under the author to benefit from the royalty . Furthermore, the transposition period is particularly long .

Where the author or his assigns is not a national of a Member State, a "droit de suite" may be recognized if the protection exists for non-national in his country. In other words, where the author's legislation provides for a "droit de suite" for authors of Member States and their heirs.

Case C-518/08 Fundación Gala-Salvador Dalí and VEGAP [2010] ECR I-3091, LawLex201100000250JBJ: which considers that Article 6 of Directive No 2001/84 does not preclude a provision of national law which reserves the benefit of the right to the artist's heirs at law alone, to the exclusion of testamentary legatees.

Member States have a period limited to 1 January 2010 to apply the resale right with an additional period of two years (Directive No 2001/84, Article 8(2) and (3)). 

European Business Law

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269. Context

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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