Chapter II: Economic rights

Authors of original graphic and plastic works who are nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area benefit from a resale right, which is an inalienable right to share in the proceeds of any sale of a work after the first transfer made by the author or by his successors in title, when an art market professional intervenes as seller, buyer or intermediary. By way of derogation, this right does not apply where the seller acquired the work directly from the author less than three years before this sale and the sale price does not exceed €10,000.

Original works within the meaning of this article are works created by the artist himself and copies executed in limited quantities by the artist himself or under his responsibility.

The resale right is payable by the seller. Responsibility for its payment lies with the professional involved in the sale and, if the transfer takes place between two professionals, with the seller.

The art market professionals referred to in the first paragraph must provide the author or an organisation for the collective management of the droit de suite with any information necessary for the liquidation of the sums due in respect of the droit de suite for a period of three years from the sale.

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 shall be admitted to the protection provided for in this Article if the legislation of the State of which they are nationals admits of droit de suite protection for authors of Member States and their successors in title.

A decree in the Council of State shall specify the conditions of application of this Article and in particular the amount and methods of calculation of the right to be collected, as well as the sale price above which sales are subject to this right. It also specifies the conditions under which 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 who have their habitual residence in France and have participated in the life of art in France for at least five years may apply for the protection provided for in this article.