Droit de suite
Encyclopedia
Droit de suite is a right granted to artist
s or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine
, where artists do not have the right to control or profit from subsequent sales.
, droit de suite was created in France following the sale of Millet
's 1858 painting, the Angélus, following the First World War
. The owner of the painting made a huge profit from this sale, whereas the family of the artist lived in poverty. Many artists, and their families, had suffered from the war, and droit de suite was a means to remedy socially difficult situations.
mandates a somewhat uniform system of droit de suite across the European Union
. This directive is controversial in the United Kingdom
.
, this system is in force through article L122-8 of the Code of intellectual property. It will get reformed by article 48 of the DADVSI
law, which implements directive 2001/84/EC. During discussions in the French Parliament leading to this law, it was argued that in practice, the droit de suite is only paid at auction
s, and that it thus disfavors the Paris art marketplace compared to London
or New York
. Following DADVSI, a government regulation (through a decree
) is to set degressive rates and maximal fees so that the Paris marketplace is not hindered.
s to a royalty payment upon the resale of their works of art under certain circumstances.
The droit de suite was first proposed in Europe around 1893, in response to a decrease in the importance of the salon, the end of the private patron, and to champion the cause of the “starving artist.” California’s droite de suite statute, the California Resale Royalty Act, was enacted in 1976. It applies to all works of fine art resold in California, or resold anywhere by a California resident, for a gross sale of $1000 or more. It mandates a five percent royalty on the resale price of any work of fine art. An artist may only waive this right “by a contract in writing providing for an amount in excess of five percent of the amount of such sale.”
At least one scholar has proposed that this law is unconstitutional in that it effects a Fifth Amendment Taking of private property.
}
Artist
An artist is a person engaged in one or more of any of a broad spectrum of activities related to creating art, practicing the arts and/or demonstrating an art. The common usage in both everyday speech and academic discourse is a practitioner in the visual arts only...
s or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine
First-sale doctrine
The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 and subsequently codified in the Copyright Act of 1976,...
, where artists do not have the right to control or profit from subsequent sales.
History
According to Renaud Donnedieu de VabresRenaud Donnedieu de Vabres
Renaud Donnedieu de Vabres , often known as RDDV, is a French politician, France's Minister of Culture from 2004 to 2007...
, droit de suite was created in France following the sale of Millet
Jean-François Millet
Jean-François Millet was a French painter and one of the founders of the Barbizon school in rural France...
's 1858 painting, the Angélus, following the First World War
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. The owner of the painting made a huge profit from this sale, whereas the family of the artist lived in poverty. Many artists, and their families, had suffered from the war, and droit de suite was a means to remedy socially difficult situations.
European Union
The 2001/84/EC directiveEuropean Union directive
A directive is a legislative act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives...
mandates a somewhat uniform system of droit de suite across the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. This directive is controversial in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
France
In FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, this system is in force through article L122-8 of the Code of intellectual property. It will get reformed by article 48 of the DADVSI
DADVSI
DADVSI is the abbreviation of the French Loi sur le Droit d’Auteur et les Droits Voisins dans la Société de l’Information...
law, which implements directive 2001/84/EC. During discussions in the French Parliament leading to this law, it was argued that in practice, the droit de suite is only paid at auction
Auction
An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder...
s, and that it thus disfavors the Paris art marketplace compared to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
or New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. Following DADVSI, a government regulation (through a decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
) is to set degressive rates and maximal fees so that the Paris marketplace is not hindered.
United States
The California Resale Royalty Act, (Civil Code section 986) entitles artistArtist
An artist is a person engaged in one or more of any of a broad spectrum of activities related to creating art, practicing the arts and/or demonstrating an art. The common usage in both everyday speech and academic discourse is a practitioner in the visual arts only...
s to a royalty payment upon the resale of their works of art under certain circumstances.
The droit de suite was first proposed in Europe around 1893, in response to a decrease in the importance of the salon, the end of the private patron, and to champion the cause of the “starving artist.” California’s droite de suite statute, the California Resale Royalty Act, was enacted in 1976. It applies to all works of fine art resold in California, or resold anywhere by a California resident, for a gross sale of $1000 or more. It mandates a five percent royalty on the resale price of any work of fine art. An artist may only waive this right “by a contract in writing providing for an amount in excess of five percent of the amount of such sale.”
At least one scholar has proposed that this law is unconstitutional in that it effects a Fifth Amendment Taking of private property.
Philippines
The Intellectual Property Code of the Philippines (Republic Act 8293) gives the author/artist or his heirs a 5-percent share in the gross proceeds of the sale or lease of the original painting, sculpture, or manuscript, subsequent to its first disposition by the creator. This right exists during the lifetime of the author or artist and fifty years after his/her death.External links
- United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
: controversy
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- FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
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