Title II: Authors' rights

The resale right provided for in Article L. 122-8 is payable, under the conditions set out in this chapter, on the sale, in any form whatsoever, of an original graphic or plastic work of art other than the first transfer made by the author or his successors in title, provided that the seller, the buyer or an intermediary are involved in this transfer as part of their professional activity and…

The works mentioned in article R. 122-2 are original graphic or plastic works created by the author himself, such as paintings, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware, photographs and plastic creations on audiovisual or digital media. Works executed in a limited number of copies and under the responsibility of the author are considered original works of art within the meaning of the previous paragraph if they…

Authors who are not nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area and their successors in title within the meaning of the provisions of Article L. 123-7 benefit from the resale right under the conditions provided for by this code if their national legislation grants this right to authors who are nationals of the States mentioned…

The sale price of each work taken into consideration for the collection of droit de suite is, exclusive of tax, the auction price in the case of a sale by public auction and, for other sales, the transfer price received by the seller. Droit de suite is not payable if the sale price of the work, as defined in the previous paragraph, is less than 750 euros.

The rate of the resale right is equal to 4% of the sale price as defined in article R. 122-5 when this is less than or equal to 50,000 euros. When the sale price is greater than 50,000 euros, the resale right is set as follows: 4% for the first 50,000 euros of the sale price as defined in article R. 122-5; 3% for the tranche of the sale price…

I. – The Minister responsible for culture shall establish by decree a list of collective management organisations capable of informing the beneficiaries of droit de suite and likely in this capacity to be notified of sales of original graphic or plastic works under the conditions set out in II of article R. 122-10. II. – To be included on the list mentioned in I of this article, a collective management…

Any person likely to benefit from the resale right who wishes to obtain from the organisations on the list mentioned in I of article R. 122-7 the transmission of a notice of sale concerning him, of which these organisations are recipients pursuant to II of article R. 122-10, may communicate his address and any other useful information to these companies. This communication must be renewed at the time of any…

I. – In the case of the sale of an original graphic or plastic work at public auction, the art market professional responsible for the payment of droit de suite is, as the case may be, the voluntary sales company or the judicial auctioneer. II. – In other cases, the art market professional involved in the sale is responsible for payment of droit de suite. If the sale involves several…

I. – When he receives a request from the beneficiary, the professional responsible for payment of the droit de suite shall pay him the amount thereof within a period which may not exceed four months from the date of receipt of the request or, if the request is received prior to the sale, from the date of that sale. If the work is due to the collaboration of several authors,…