This unknown resale right

In recent years, the art market has been rapidly developing in Belarus, new galleries, art spaces, online platforms to sell art work and collectibles emerge every month. It seems to be a good time to remember such a little-known institute of copyright as the right of resale.

First introduced in France, the "droit de suite" was later enshrined in the Berne Convention for the Protection of Literary and Artistic Works of 1886 and in the legislation of many countries, including the EU, the UK, and individual US states. The scope of this right and the procedure for its implementation by authors and their heirs may vary in different countries.

The idea behind the resale right is to protect those authors who often sell their works for almost nothing at the start of their careers, only to see their prices rise many times over later.

In Belarus, according to Article 18 of the Copyright Law, in each case of public resale of original works of fine art, original manuscripts of works by writers, composers and scientists, the seller must pay the author (his heirs) a royalty in the amount of 5 percent of the resale price.

Public resale is a sale through an auction, fine art gallery, art salon, store, including an online store.

The so-called “private” resale by one individual to another does not give rise to the resale royalties.

The right of resale is inalienable and cannot be assigned together with other property rights of the author. The author or his heirs during the term of copyright (currently – during the author’s life and 50 years after his death) have the right to demand payment of royalties for each public resale.

The procedure for payment is determined by the Council of Ministers of the Republic of Belarus.The payer of royalties (seller of the work) is obliged to conclude an agreement with the recipient of royalties on the payment of royalties and to provide copies of documents confirming the public resale price of the original work.

Alternatively, the payment of royalties may be made through an accredited organization for collective management of property rights.

The legislation also allows the other payment methods but fails to provide the details.