Droit de suite

The droit de suite was first proposed in Europe around 1893, in response to a decrease in the importance of the salon, the end of the private patron, and to champion the cause of the "starving artist".

[1] Many artists, and their families, had suffered from the war, and droit de suite was a means to remedy socially difficult situations.

The Berne Convention of 1971 enshrines authors' and artists' "inalienable right to an interest" in a resale of their work, but has no legal force in the absence of national legislation implementing it.

During discussions in the French Parliament leading to this law, it was argued that in practice, the droit de suite is only paid at auctions, and that it thus disfavors the Paris art marketplace compared to London or New York City.

Following DADVSI, a government regulation (through a decree) is to set degressive rates and maximal fees so that the Paris marketplace is not hindered.

[8] The first proposal to amend the Copyright Act in the Canadian parliament to make resale right mandatory in Canada took place in 2013 but the bill was defeated.

The Canadian House of Commons Standing Committee on Industry, Science and Technology recommended further study and consideration to implement national artist's resale right.

[14] The Notice was published in response to a request by Representative Jerrold Nadler and Senator Herb Kohl, who had introduced droit de suite legislation in 2011.

[15] The Copyright Office's subsequent report endorsed "congressional consideration of a resale royalty right, or droit de suite, which would give artists a percentage of the amount paid for a work each time it is resold by another party.

[26] The Intellectual Property Code of the Philippines (Republic Act 8293) gives the author/artist or his heirs a 5-percent share in the gross proceeds of the sale or lease of the original painting, sculpture, or manuscript, subsequent to its first disposition by the creator.