Council of the European Union and European Parliament 27 September 2001, 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

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Directive 2001/84/EC harmonises the resale right (droit de suite) across EU Member States, establishing an inalienable, unwaivable royalty entitlement for authors of original graphic and plastic works of art on each resale involving an art market professional, with the legal basis in Article 95 of the EC Treaty aimed at eliminating distortions of competition in the internal market. The Directive sets a tapering royalty scale ranging from 4% on the portion of the sale price up to EUR 50,000 down to 0.25% on amounts exceeding EUR 500,000, subject to a maximum royalty of EUR 12,500, a minimum sale price threshold not exceeding EUR 3,000, and sale prices calculated net of tax. Member States were required to implement the Directive by 1 January 2006, with limited transitional derogations until no later than 1 January 2010 permitting certain Member States to defer application of the resale right to successors in title of deceased authors.AI