Directive 2001/84 / EC (Resale Right Directive)
Directive 2001/84 / EC
|Title:||Directive 2001/84 / EC of the European Parliament and Council of September 27, 2001 on the resale right of the author of the original of a work of art|
|Resale Right Policy|
|Date of issue:||September 27, 2001|
|Come into effect:||October 13, 2001|
implemented in national law by:
|January 1, 2006 (complete: January 1, 2010)|
|Reference:||OJ No. L 272, p. 32|
Consolidated version (not official)
|The regulation must have been implemented in national law.|
|Please note the information on the current version of legal acts of the European Union !|
The Directive 2001/84 / EC , governs unassignable and inalienable resale rights of an original work of fine arts. This gives the artist an economic share in the proceeds from each resale of the work in question within the European Union . The subject of the resale right of the work originator is the material workpiece.
This guideline forms a further legislative harmonization step within the framework of the EC (now EU ) after the adoption of Directive 91/250 / EEC on the legal protection of computer programs , Directive 92/100 / EEC (Rental and Lending Directive), Directive 93/83 / EEC (Cable Satellite Directive), Directive 93/98 / EEC on the harmonization of the term of protection of copyright, Directive 96/9 / EC on the legal protection of databases and Directive 2001/29 / EC on the harmonization of certain aspects of copyright and related rights in the information society. In the meantime, further copyright protection guidelines have been issued (see: Copyright (European Union) ).
Purpose of the regulations
All EU directives on copyright protection serve to protect authors and to dismantle trade barriers and distortions of competition in relation to copyright within the European internal market . While RL 92/100 / EEC and 2006/115 / EC harmonized regulations in the EEC for the granting of appropriate remuneration for authors or performing artists as well as the protection of the rights of film and sound carrier manufacturers and broadcasting companies, this is now Copyright protection also extended to visual artists with Directive 2001/84 / EC and made binding for all EU member states.
Previously, according to the Berne Convention for the Protection of Works of Literature and Art, the resale right could only be claimed if this was provided for in the respective Union member state of the author (optional resale right). The European Court of Justice ruled this unequal treatment of authors in the various EU member states as discrimination (violation of the principle of equal treatment),
Structure of Directive 2001/84 / EC
- CHAPTER I (SCOPE OF APPLICATION)
- Article 1 (subject of resale right)
- Article 2 (Works of art covered by the resale right)
- CHAPTER II (SPECIAL PROVISIONS)
- Article 3 (minimum amount)
- Article 4 (sentences)
- Article 5 (calculation basis)
- Article 6 (beneficiaries)
- Article 7 (third country beneficiaries)
- Article 8 (term of protection of resale right)
- Article 9 (right of access)
- CHAPTER III (FINAL PROVISIONS)
- Article 10 (applicability in time)
- Article 11 (adjustment clause)
- Article 12 (implementation of the Directive)
- Article 13 (entry into force)
- Article 14 (addressees)
Selected provisions of Directive 2001/84 / EC
Works of art according to Directive 2001/84 / EC
"Originals of works of art" in the sense of the guideline are "works of the fine arts such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glass objects and photographic works, insofar as they have been created by the artist himself or it are specimens that are regarded as originals of works of art ”and“ which are still protected by the copyright provisions of the Member States on January 1, 2006 or meet the criteria for protection under this Directive at that time ”.
Original manuscripts by writers and composers do not fall under the regulation of Directive 2001/84 / EC.
The person entitled to the remuneration of the resale right is to be paid to the author of the work and, after his death, to his legal successor (see Art. 6 Para. 1 of the Directive, exceptions according to Art. 8 of the Directive), whereby the exercise of the resale right is also mandatorily or optionally transferred to a collecting society can or must.
Eligible persons from third countries (not Union citizens ) and their legal successors can make use of the resale right in accordance with Directive 2001/84 / EC and the legal provisions of the relevant member state if the legal provisions of the country of which the author or legal successor is a national protect the resale right for authors from the member states and their legal successors in this country (Art 7 para. 1 of Directive 2001/84 / EC). A Union member state can treat authors who are not Union citizens but have their habitual residence in a Union member state for the purposes of the protection of resale rights in the same way as its own citizens (Art 7 (3) of Directive 2001/84 / EC).
Resale right remuneration
The economic participation in the proceeds of the author of the original of a work of fine arts is referred to as resale right remuneration. This remuneration must be paid by the seller of the work of art. To protect the authors of a work of fine arts, they cannot waive the resale right payment in advance. In ten EU member states, a survey was carried out for 2010 on what advantages this resale right payment has for artists. In these ten EU member states, around € 14 million was paid out to 6,631 artists or their heirs in 2010 (2007: € 14.4 million to 7,107 artists or their heirs). About half of the fees went to artists or their heirs in France .
The EU member states can set a minimum sale price from which the resale right payment comes into effect. The fixed minimum sales price from which the resale right remuneration is to be calculated and paid in any case may not exceed EUR 3,000 in accordance with Art. 3 Paragraph 2 of the Directive (exception in Art. 1, Paragraph 3 of Directive 2001/84 / EC). This threshold of 3,000 EURO is z. B. for drawings, graphics or photographs in practice seldom achievable and these works fall out of the scope of the directive if the minimum sale price is too high. However, the member states of the Union are free to lower the threshold value and thus also allow a wider group of artists the benefits of Directive 2001/84 / EC.
The minimum rates for the resale right remuneration according to Article 1 in conjunction with Article 4 of the Directive are:
- 4% for the tranche of the sales price without taxes up to EUR 50,000,
- 3% for the tranche of the sales price without taxes from EUR 50,000.01 to EUR 200,000,
- 1% for the tranche of the sales price without taxes from EUR 200,000.01 to EUR 350,000,
- 0.5% for the tranche of the sales price without taxes from EUR 350,000.01 to EUR 500,000,
- 0.25% for the tranche of the sales price without taxes over EUR 500,000,
whereby the maximum resale right payment is limited to € 12,500 per sale.
The resale right payment is due for every sale above the threshold value. As a result, the resale right remuneration has a cumulative price effect for works of art that are sold several times or more often.
Term of protection
With reference to Directive 93/98 / EEC, the non-transferable and inalienable resale right of the author of the original of a work of fine arts is protected for a period of 70 years after the death of the author (this means that the scope of the resale right only extends to Originals of modern and contemporary works of art).
Implementation of Directive 2001/84 / EC
The implementation of Directive 2001/84 / EC must take place by January 1, 2006 by the EU member states. Due to some exemptions in the Directive, Member States can postpone full entry into force on their territory until 1 January 2010. This unusually long implementation period (from the entry into force on October 13, 2001 to January 1, 2010 of around ten years) is mainly due to the resistance of some EU member states in the Council of Ministers , which resulted in the long implementation period as a compromise. The exemption for the works of deceased artists even ended on January 1, 2012.
- Intellectual property
- History of Copyright
- International Copyright
- Resale right
- Comparison of terms of protection
- Image rights
- , COM (2011) 878 final of 14 December 2011.
- Official long title: (OJ EC No. L 272, 32 to 36).
- See Art 1 of Directive 2001/84 / EC. According to recital 18 of Directive 2001/84 / EC, the right to resale rights should arise for all resales with the exception of resales between private individuals without the participation of a representative of the art market, in the event of a sale to museums and certain art galleries.
- See Art 1 and Recitals 1 and 3 of Directive 2001/84 / EC.
- See Recital 1 of Directive 2001/84 / EC.
- See recitals 6 ff, 9 ff, 13 ff, in Directive 2001/84 / EEC.
- See Recital 6 of Directive 2001/84 / EC.
- See e.g. E.g. the judgment of October 20, 1993 in Joined Cases C-92/92 and C-326/92, Phil Collins and others (1993 ECR I-5145).
- Art. 2 Paragraph 1 of Directive 2001/84 / EC
- Art. 10 of Directive 2001/84 / EC
- See Recital 19 of Directive 2001/84 / EC.
- This corresponds to an average of a little more than € 2100 per artist.
- See Commission report of December 14, 2011, point 4.
- See Commission report of December 14, 2011, Point 3.2.3.
- See Article 8 and Recital 17 of Directive 2001/84 / EC