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Article R122-6 of the French Intellectual Property Code

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…

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Article R122-7 of the French Intellectual Property Code

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…

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Article R122-8 of the French Intellectual Property Code

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…

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Article R122-9 of the French Intellectual Property Code

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…

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Article R122-10 of the French Intellectual Property Code

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,…

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Article R122-11 of the French Intellectual Property Code

I.-For the settlement of sums due to him in respect of droit de suite, and for a period of three years following the sale entitling him to the collection of this right, the beneficiary may, by specifying the title, the summary description and the name of the author of the work concerned, obtain from the persons who were involved in this sale as part of their professional activity: a) The…

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Article R122-12 of the French Intellectual Property Code

A professional responsible for payment of the resale right pursuant to Article R. 122-9 is liable to a fine of the third class for: 1° Not paying the resale right to the beneficiary who requests it in accordance with I of Article R. 122-10; 2° Not to notify one of the collective management bodies in accordance with the provisions of the first paragraph of II of Article R. 122-10; 3°…

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Article R122-13 of the French Intellectual Property Code

The Minister responsible for culture and the Minister responsible for people with disabilities draw up the list mentioned in 1° of article L. 122-5-1 after the opinion of the commission provided for in article R. 122-15. This list indicates: 1° The legal entities and establishments that can ensure the reproduction and performance of a work under the conditions provided for in 1° of article L. 122-5-1; 2° Among the legal…

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Article R122-14 of the French Intellectual Property Code

Withdrawal of approval or removal from the list is ordered jointly by the Minister for Culture and the Minister for the Disabled after receiving the opinion of the commission provided for in article R. 122-15. These measures are taken at the request of legal entities and registered or approved establishments, or when the latter no longer meet the conditions to which registration or approval is subject. In the latter case,…

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Article R122-15 of the French Intellectual Property Code

I. – The commission in charge of the disability exception is placed under the Minister in charge of culture and the Minister in charge of the disabled. It has the following missions: 1° To examine and issue an opinion on the applications submitted by the legal entities and establishments mentioned in the first paragraph of 7° of Article L. 122-5 with a view to registration on the list and the…

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