Resale Right (Droit de Suite)

The resale right (known in French as droit de suite) is the artist’s inalienable right (recognized in some countries because of its optional nature) to receive a royalty when their original artwork is resold on the secondary art market .

In countries in which the resale right is recognized, it applies to a large range of artworks, such as drawings, collages, paintings, prints, engravings, lithographs, sculptures, tapestries, ceramics, glass works, jewelry and other works of applied art, and photographs. National schemes vary significantly in the categories covered.

The right is also subject to substantive reciprocity which is relevant in case of international resales: a foreign artist can generally claim it only where both their home country and the country where protection is sought recognize the resale right, and only to the extent that the latter country's law permits—so having the right under one country's law alone is not enough.

In several countries, limited editions created by the artist or under their supervision are also considered to be original artworks, provided they are numbered, signed, or otherwise marked as authentic.

The right exists in more than half of Berne Union countries, but is actively managed by a CMO in only a portion of them; where CMOs are involved, systems may use individual, mandatory, optional, or extended collective management, depending on the country.

Who Owns the Resale Right?

Where it applies, the resale right always belongs to the artist. After the artist’s death, it typically passes to heirs or successors. In many systems, this right lasts for the duration of the economic rights, subject to the national law. Once that term expires, the resale right also ends.

The resale right applies to “resales” of an artwork — whenever the work is sold again after the initial sale—subject to the applicable national law. Whether the resale must involve an art-market professional, such as a gallery, auction house, or dealer, depends on national law; the underlying international treaty provision does not itself require an intermediary. For example, if a collector purchases a painting directly from the artist and later auctions it, this resale may generate a royalty owed to the artist or estate.

There may be some exceptions in different jurisdictions. For instance, a resale royalty may not be owed when:

• the transaction occurs between private individuals without the involvement of a professional art market intermediary (gallery, auction house, dealer), unless the applicable national law treats a sale publicly offered online through platforms, marketplaces, or social media as involving a market professional;

• the resale price is very low (the definition of a “low” price differs depending on the country’s legislation).

Because resale royalties are almost always handled by collective management organizations (CMOs) , national rules will determine which transactions must be reported, how royalties are collected, and who is responsible for payment.

Why the Resale Right Exists

The purpose of the resale right is to ensure that artists share in the economic appreciation of their works. If a painting sold early in an artist’s career for EUR 1,000 is later resold for EUR 100,000, the resale right ensures that the artist (or heirs) receives a modest percentage (typically ranging from 2% to 10%) of the resale price. It also redresses the balance between visual artists and other categories of creators, such as composers and writers who are often better able to exploit their works commercially through the licensing of their reproduction, performance and communication rights.

How the Resale Right Works in Practice

Countries implement the resale right in different ways.

Many countries, in particular those following the civil law tradition, recognize the resale right . Percentages and thresholds differ, but royalties often follow a sliding-scale model (most common under the EU’s harmonized scheme, though less widespread elsewhere), which means that the percentage decreases as the resale price increases. Some countries, such as Australia, New Zealand, Senegal, and Uruguay, use a fixed rate instead. In some cases, the resale right applies only above a minimum sale price.

Some major art markets, including the United States, Japan, China, and Switzerland, do not currently provide for a comprehensive resale right at the federal or national level. In these markets, collectors may resell artworks without incurring any liability to pay royalties. Attempts to introduce such legislation continue, but artists in those markets generally do not receive royalties from secondary sales.

Despite this background, the recognition of the right remains widespread in many countries in Asia, Africa, and Latin America. However, the details on scope, amount, liability and collection vary among national laws. In most systems, the seller bears primary responsibility for paying the royalty, though some national laws place or share this liability with an art-market professional involved in the sale, or, in certain systems, with the buyer.

Why the Resale Right Matters

The resale right can provide a meaningful income stream for artists whose works actively circulate on the secondary market , and it offers CMOs an important tool for supporting creators. When it functions well, it brings long-term financial recognition, since royalties continue throughout the copyright term and can help support both artists and their heirs. It also introduces an element of fairness, ensuring that artists share in the rising value of their own creations. In some countries, such as Australia, the system has brought particular benefits to Indigenous and other underrepresented artists, who may finally participate in the economic gains generated when culturally significant works are resold.

However, the impact of the resale right varies greatly depending on the country. If a jurisdiction does not recognize the resale right, artists receive no royalties at all, and CMOs have no legal basis to collect or enforce payments, even if the artist is entitled to royalties in their home country. In places where the art market is informal or fragmented, the ability of CMOs to track sales and ensure payment may also be limited, creating enforcement gaps and reducing the overall effectiveness of the system.

Ultimately, the resale right can be a powerful mechanism for supporting artists, but its effectiveness depends on legal recognition, market transparency, and the strength of national and cross-border collection systems.