The Court of Justice of the European Union interpreted the right to resell the original work of art for the benefit of the author

A request to clarify certain provisions of the Directive 2001/84/EC of the European Parliament and of the Council on the resale right for the benefit of the author of an original work of art was made during the proceedings in the case Christie’s France SNC v Syndicat national des antiquaires. The dispute comes from the validity of the provision laid down by the Christie’s France, which allows it to collect a sum in respect of any lot subject to the resale right, corresponding to the amount of the author’s resale royalty.

The Court specified that this provision of the Directive should be interpreted as not precluding the person from agreeing with any other person that other person will definitively bear, in whole or in part, the cost of the royalty. That means that both, the buyer and the seller, may pay a compulsory remuneration to the author for resale of an original work of art.

Intellectual property