This document is an excerpt from the EUR-Lex website
Resale right for the benefit of the author of an original work of art
WHAT IS THE AIM OF THE DIRECTIVE?
It aims to introduce a compulsory resale right* for the benefit of authors of original works of art across the EU.
Works of art to which the resale right relates
Provided that works of art are made by the artist or that they are copies made in limited numbers which are considered to be original works of art according to professional usage (limited productions or signed works, for example), the resale right applies to works such as:
The resale right does not apply to original manuscripts of writers or composers.
Subject matter of the resale right
Term of protection of the resale right
The term of protection is laid down by Directive 2006/116/EC which harmonises the term of protection of copyright and certain related rights and lasts for a period of 70 years after the death of the author.
Calculation of the resale right
Right to obtain information
For a period of 3 years after the resale, the persons entitled to receive royalties have the right to demand of any art market professional any information that may be necessary to secure payment of royalties from the resale.
Report on implementation of the directive and key principles and recommendations
In 2011, the European Commission adopted a report on the directive’s implementation. This proposed establishing a stakeholder dialogue (including rights collection management organisations, authors and art market professionals such as art dealers, galleries, auctioneers) tasked to recommend how to improve the system of resale right collection and distribution in the EU. In 2014, the representatives of these organisations signed up to ‘Key Principles and Recommendations on the management of the Author Resale Right’.
FROM WHEN DOES THE DIRECTIVE APPLY?
Although the Berne Convention for the Protection of Literary and Artistic Works gives the author of an original work of art the resale right, this is not binding, which means that certain EU countries do not apply it. As a result of this, there are barriers to the internal market and distortions of competition within it, as well as a lack of protection for the authors of original artistic works.
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ L 272, 13.10.2001, pp. 32-36)
Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee: Report on the Implementation and Effect of the Resale Right Directive (2001/84/EC) (COM(2011) 878 final, 14.12.2011)
Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) (OJ L 372, 27.12.2006, pp. 12-18)
Subsequent amendments to Directive 2006/116/EC have been incorporated in the basic text. This consolidated version is of documentary value only.
last update 11.01.2019