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Resale Rights Directive
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a right under European Union law for artists to receive royalties on their works when these are resold. This right, often known by its French name ''droit de suite'', appears in the Berne Convention for the Protection of Literary and Artistic Works (as Art. 14ter) and already existed in many, but not all, Member States. As a result, there was a tendency for sellers of works of art to sell them in countries without ''droit de suite'' provisions (e.g. United Kingdom) to avoid paying the royalty. This was deemed to be a distortion of the internal market (paras. 8–11 of the preamble), leading to the Directive.
==Application of the ''droit de suite''==
For the ''droit de suite'' to apply, the work, the sale and the artist must all qualify. The work must be an original work of art or a copy made in limited numbers by the artist himself or under his authority, including "works of graphic or plastic art such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs" (Art. 2), and under copyright protection (8(1) ). The sale must involve a professional party or intermediary, such as salesrooms, art galleries and, in general, any dealers in works of art (1(2) ). The ''droit de suite'' does not apply to sales directly between private individuals without the participation of an art market professional, nor to sales by individuals to public museums (para. 18 of the preamble). The artist must be a national of a Member State or of another country which has ''droit de suite'' provisions: Member States are free, but not obliged, to treat artists domiciled on their territory as nationals (Art. 7).
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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