Artist’s Resale Right

Background

In the early 20th century a new right was created in France known as the droit de suit (lit. “right to follow”). This was designed to ensure that an artist receive some form of royalty from the resale of their work. This contrasts with the American notion of the first-sale doctrine. In practice, this only applied to works of art acquired at auctions and resulted in major art trades being made in places without an equivalent right, such as London.

After much debate, the notion of a resale right was put into European law by a directive “on the resale right for the benefit of the author of an original work of art”.1 This was implemented into UK law via the Artist’s Resale Right Regulations 2003.2 Read the rest of this entry »