Resale right

The objective of the Directive on the resale right for the benefit of the author of an original work of art (2001/84/CE) is to provide creators with an adequate and standard level of protection and eliminate the distortion in the conditions for competition currently existing within the single market for contemporary art. The Directive will give artists the benefit of this right, regardless of where in the Union their works are sold. In addition, it will give the Commission a basis on which to promote the international recognition of resale rights.

• Directive
• Press Release
• Indicative list of third countries (Article 7.2)

Indicative list of third countries (Article 7.2)

Article 7.1 of Directive 2001/84 states that "Member States shall provide that authors who are nationals of third countries and, subject to Article 8(2), their successors in title shall enjoy the resale right in accordance with this Directive and the legislation of the Member State concerned only if legislation in the country of which the author or his/her successor in title is a national permits resale right protection in that country for authors from the Member States and their successors in title."

Article 7.2 states that "On the basis of information provided by the Member States, the Commission shall publish as soon as possible an indicative list of those third countries which fulfil the condition set out in paragraph 1. This list shall be kept up to date."

Recital 29 of the Directive also states that "Enjoyment of the resale right should be restricted to Community nationals as well as to foreign authors whose countries afford such protection to authors who are nationals of Member States. A Member State should have the option of extending enjoyment of this right to foreign authors who have their habitual residence in that Member State."

In the Contact Committee meeting on 25 November 2005 the interpretation of these requirements was discussed. The Member States present agreed that for a third country to appear on the list, there should be legislation in place which provides for resale right and that evidence of its application should also be provided. In practice, this means that there should be arrangements in place which are administered by public or private entities which ensure that rightholders or the relevant supervisory body can have recourse to the results.

A letter was sent to Member States on March 1, 2006 requesting that they provide a list of third countries which meet these requirements and that they also provide evidence of application. To date the Commission has not been supplied with evidence for any third country which demonstrates that they qualify for inclusion on this list.