Practice · Luxury and brands · Glossary
Droit de suite
Droit de suite is the French resale royalty: the author’s share of the price each time an original graphic or plastic work is resold. It covers every sale after the first transfer by the author or the author’s successors, and the author cannot give the right away. It applies when an art market professional takes part as seller, buyer or intermediary. At least one of two conditions about France must also be met: the sale takes place on French territory, or it is subject to VAT there (art. R122-2).
Who pays
The seller bears the royalty, and a named professional pays it.
The seller bears the cost of the royalty. The professional taking part in the sale is responsible for paying it. If the sale is between two professionals, the seller is responsible for payment (art. L122-8, third paragraph).
Article R122-9 names the responsible professional case by case. At a public auction it is the auction house (the voluntary sales company) or the judicial auctioneer. In other sales it is the professional taking part, and where several take part, the article sets an order.
The scale
Sales of 750 euros or more pay a royalty in five bands, capped at 12 500 euros.
The rate is 4 per cent of the sale price, as article R122-5 defines it, where that price is 50 000 euros or less (art. R122-6). Above 50 000 euros, each slice of the price has its own rate, so the whole price is never charged at a single rate.
- First 50 000 euros: 4 per cent.
- From 50 000,01 to 200 000 euros: 3 per cent.
- From 200 000,01 to 350 000 euros: 1 per cent.
- From 350 000,01 to 500 000 euros: 0,5 per cent.
- Above 500 000 euros: 0,25 per cent.
For the EU Directive behind the right, its bands and the United Kingdom scale, see artist’s resale right. For the full French rules, with the deadlines and the reciprocity route, see droit de suite when a work is resold in France.
Sources
- Code de la propriété intellectuelle, arts. L122-8 and R122-2 (Légifrance)
- Code de la propriété intellectuelle, art. L122-8, third paragraph, and art. R122-9 (Légifrance)
- Code de la propriété intellectuelle, arts. R122-5 and R122-6 (Légifrance)