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Appendix C: International models comparison

Country

Rate

Coverage

Other features (where available)

Algeria

5% of resale value

Works of graphic or plastic art

 

Not available

Belgium

100 to 10000 FB – 2%

10000 to 20000 – 3%

20000 to 50000 – 4%

50000 + – 6%

Paintings, sculptures, drawings and engravings sold at public auctions

§  Inalienable right, extended to heirs and successors of the artist

§  The Ministry of Culture collects the royalty

§  The right is granted to foreign authors on the basis of reciprocity

 

Benin

5% per cent of resale value

Graphic and plastic works of art

 

 

Brazil

20% of the increase in price, relative to the immediately preceding sale

 

Art or manuscripts, either original or reproductions signed by the author

§  Inalienable right

§  The National Copyright Council collects the royalty

Burkina Faso

Not available

Graphic and plastic works of art

 

Cameroon

Not available

Graphic and plastic works of art sold by dealer or public auction

 

Chile

5% of any increase in the price of the work

Paintings, sculptures, drawings, sketches

 

 

Congo

Not available

Graphic and plastic works of art sold by dealer or public auction

 

 

Costa Rica

5% of resale price

Graphic and plastic works of art sold by dealer or public auction

 

 

Denmark

5% of the resale price, over a specified minimum

 

Work of art, or authorised copies thereof

 

Ecuador

5% of resale price

Works of art sold by dealers or public auction

 

 

France

3% on works sold for more than 100 Francs

“Fine art’ – drawings, paintings, sculptures etc

§  Inalienable. Currently, inheritable for 70 years after the artist’s death

§  Most often collected by private collection societies

 

Germany

5% on works sold for more than DM500

Visual arts

§  Collected by the “Bild Kunst” society

 

Greece

5% of the resale price

Original works of art, sold by art dealers or public auction

§  Inalienable right

Guinea

5% of resale price

Graphic and plastic works of art sold by dealer or public auction

 

 

Hungary

5% per cent of the purchase price

Paintings, drawings, reproduced pictorial graphic works, sculptures, tapestries etc sold publicly

 

§  The “Art Fund” collects the royalty

§  If the buyer is a museum, the royalty only applies if the author is still alive

Iceland

10% of resale value

Original works of art

§  Inalienable right

§  Payable to the author, the author’s heirs, or the “Artists’ Copyright Fund”

 

Italy

A percentage of the amount by which the first public resale exceeds the original sale (percentage varies between 2 and

10%)

 

Paintings, sculpture, drawings, prints and original manuscripts sold publicly

§  Unclear whether the royalty is collected.

Ivory Coast

Not available

Graphic and plastic works of art sold by dealer or public auction

 

 

Luxembourg

3% of resale price over a specified minimum

Visual or plastic art sold by a dealer or public auction

 

§  Inalienable, and inheritable for 50 years after the authors’ death

Mali

Not available

Graphic and plastic works of art sold by dealer or public auction

 

 

 

Morocco

5% of resale value

Graphic and plastic works of art sold by dealer or public auction

 

 

Norway

3% of all public resales

Painting, sculpture, graphic art and drawing, original and signed by the artist

 

§  Returns to public fund for all artists

Peru

A percentage of any increase in value of the work fixed by mutual accord between the parties

 

Painting, sculpture, sketches and drawings sold publicly

 

Philippines

5% of resale price or lease

Paintings, sculptures, and manuscripts of a writer or composer

 

 

Portugal

6% of resale value

Original works of art

 

 

Rwanda

Not available

Not available

 

 


Senegal

5% of resale value

Graphic and plastic works of art sold by dealer or public auction

 

 

Spain

3% of works sold for more than 300,000 pesetas

Plastic art sold at public auction, in a commercial establishment or through a dealer or agent

 

§  The party responsible for the sale is obliged to inform the author within 2 months

§  Inalienable, and inheritable for 60 years after the artist’s death

 

Turkey

An appropriate portion of the increase in value, not exceeding 10%

 

Artistic works and manuscripts

 

Tunisia

 

Not available

 

 

United States (California only)

5% of the resale price over $1000

Original painting, sculpture or work in glass

§  The United States does not have a national Droit de suite

§  The Californian right extends beyond California only when the work is sold by a Californian vendor

 

Uruguay

25% of the increase in the value of the work

 

All categories of intellectual works

 

Source:           Proposed Resale Royalty Arrangement – Discussion Paper, Department of Communications, Information Technology and the Arts, June 2004

UK Scheme (February 2006)

  • Sliding scale rate

-          4% from €0 to €50 000

-          3% from €50 001 to €200 000

-          1% from €200 000 to €350 000

-          0.5% from €350 001 to €500 000

-          0.25% exceeding €500 000

  • €1 000 threshold
  • Right to apply only to living artists until 2012
  • €12 500 cap
  • Reciprocity rights with artists from EC and other countries which have similar schemes

Resale royalty comparison across six countries

Country

Belgium

Denmark

Finland

France

Germany

California

Size of the art market (Euro)

77 million

50.3 million

12.3 million

2,843 million

485 million

5,540.1 million

(Total USA)

Proportion of EU sales

0.8 percent

0.5 percent

0.1 percent

31 percent

5 percent

Not applicable

Nature and duration of resale royalty

Inalienable, life + 70 years

Inalienable, life + 70 years

Inalienable, life + 70 years

Inalienable, life + 70 years

Inalienable, life + 70 years

Inalienable, life + 20 years

Heirs

All heirs

Family only

Family only

Family only

All heirs

All heirs

Works of art covered

Original paintings, sculpture drawings and engravings

Original works of fine art, photos, lithographs, prints, applied art

Works of fine art

Original works of graphic and plastic arts

Original works of fine art

Original paintings, sculpture, drawings, glass art

Sales in scope

Auction sales

Dealer and auction sales

Dealer and auction sales

Auction sales

Dealer and auction sales

All public and private sales by Californian residents

Base

Gross price – no deductions

Price including auction fee minus VAT

Price less VAT

Gross price – no deductions

Gross price – no deductions

Gross price

Percent

4 percent

5 percent

5 percent

3 percent

5 percent

5 percent

Minimum (Euro)

1,240

268

252

15

51

2,181

Source        McAndrew, C. and Dallas-Conte, L. (2002),  Implementing droit de suite  (artist’s resale right) in England, Arts Council of England p 27

 

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