Droit de suite, a French term meaning “right to follow,” encompasses two distinct concepts. Firstly, it grants creditors the right to reclaim a debtor’s property even after it has been sold to another party. Secondly, it pertains to an artist’s resale royalty, allowing the creator of a work to benefit from its increased value by receiving a portion of the profit from subsequent sales. This right is acknowledged in select European countries and serves as an incentive for artists to continue producing new works.
Droit de suite is a legal term that means “right to follow.” It encompasses two distinct concepts. Firstly, when a debtor sells their property to a third party, the creditor has the right to reclaim that property in order to settle the debt. Secondly, in certain European countries, artists have the right to receive a percentage of the proceeds when their artwork is resold, known as an artist’s resale royalty. For example, if John sells his car to Jane to pay off a debt to a bank, the bank with droit de suite can take the car from Jane. Similarly, if an artist sells a painting for a low price and it later becomes valuable and is resold, the artist with droit de suite can receive a portion of the profit from the resale.
Droit de Suite, also known as Artist’s Resale Right, is a legal concept that grants visual artists the right to receive a percentage of the resale price of their artwork.
When an artwork is resold, the seller is required to pay a royalty fee to the artist or their estate. The fee is calculated based on a percentage of the resale price and is usually capped at a certain amount.
Droit de Suite applies to visual artists, including painters, sculptors, photographers, and graphic artists, who are nationals of or reside in countries that have implemented this right.
Several countries have implemented Droit de Suite, including France, Germany, Spain, Italy, the United Kingdom, and Australia. However, the specific regulations and thresholds may vary between jurisdictions.
The purpose of Droit de Suite is to provide ongoing financial support to artists by allowing them to benefit from the increasing value of their artwork in the secondary market.
The duration of Droit de Suite varies between countries. In the European Union, it typically lasts for the artist’s lifetime and continues for 70 years after their death.
Certain transactions may be exempt from Droit de Suite, such as sales between private individuals, sales below a certain threshold, or sales of artworks created before the implementation of this right.
Droit de Suite is enforced through legislation and regulations in each country. Auction houses, galleries, and art dealers are responsible for collecting and distributing the royalty fees to the artists or their estates.
In some jurisdictions, artists have the option to waive their Droit de Suite. However, this decision is often irreversible and should be carefully considered, as it permanently relinquishes their right to receive royalties from future resales.
Failure to pay the Droit de Suite royalty fee can result in legal consequences, including fines and penalties. Artists or their estates may also have the right to take legal action to enforce their rights and seek compensation for any unpaid royalties.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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