Artists' resale royalty right legislation or Droit de Suite
Droit de Suite will be implemented in the UK from 1st January 2006. It
does not directly affect writers as explained in the 'comments' below but is an issue writers should be aware of.
This information is lifted from UK government documents
Who will be affected by this?
You will only be affected by Droit de Suite if:
From 2010 the right will apply to the works of dead artists up to 70 years
after death.
What is an original work of art?
The EU directive states:
An 'original work of art' means works
of graphic or plastic art such as pictures, collages, paintings, drawings,
engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and
photographs, provided they are made by the artist himself or are copies
considered to be original works of art. (Plastic art is taken to mean forms such
as sculpture)
The government is still deciding whether to follow this definition or that
used in existing UK copyright legislation. Paintings, drawings and sculpture are
included within the definition. However, the new law may apply to other forms of
art.
When is a sale not a sale?
The royalty applies to all re-sales, i.e. all sales that follow the first
transfer of ownership by the artist. It does not therefore apply to the first
sale by the artist to the dealer.
How much Droit de Suite will be payable?
The levy is calculated on the sale price, not on profit, as follows:
No droit de suite is payable on:
 | 4% for the portion of the sale price up to 50,000 |
| then add 3% for the portion of the sale price between 50,000 & 200,000
|
| then add 1% for the portion of the sale price between 200,000 & 350,000
|
| then add 0.5% for the portion of the sale price between 350,000 &
500,000 |
| then add 0.25% for the portion of the sale price between 500,000 &
2,000,000 |
