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European Union (EU) - Draft Directive on Artists' Resale Rights

Several European Union countries (at present Austria, Ireland, the Netherlands and the United Kingdom are the exceptions) provide for the artist who creates a copyrighted work of art the right to participate in the proceeds of any subsequent sale of that work of art. This right is commonly known by its French appellation: droit de suite. The European Commission has now proposed a directive on this subject that would require its recognition in all EU member states. The main provisions of the proposed directive are as follows:

1) the right would exist for as long as the work being sold is subject to copyright protection (i.e. for the life of the artist and a further seventy years after the artist's death);

2) the right would apply to pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics and photographic works;

3) the right would apply to all sales other than those between private individuals;

4) the rates to be charged are proposed as 4% on sales at a price in the range 1,000 to 50,000 ECU, 3% on sales at prices between 50,000 and 250,000 ECU and 2% on sales at prices above 250,000 ECU;

5) payments to artists (or their heirs) who are not nationals of a European Union country would be subject to their countries providing for reciprocal rights for EU nationals in such countries.


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