As defined by the European Union’s Artist’s Resale Right Directive (Directive 2001/84/EC), artists and artist estates (artists who died within 70 years prior to the date of sale) are entitled to receive a resale royalty each time their creation is sold by a professional in the European Union or United Kingdom, subject to certain conditions. In order for the droit de suite to apply, the artwork, artist and sale must qualify.
The work must be original artwork or a limited edition copy made by the artist (alternatively under the artist’s authority), and under copyright. These include graphic or plastic art, drawings, engravings, sculptures, glassware, tapestries, photographs and more.
The sale itself must include an intermediary or professional part, such as art galleries and any artwork dealers. The Resale Right does not apply to sales that are handled between private individuals minus the participation of an art professional, nor to those sales between individuals and public museums. The artist must be a citizen of a country which has droit de suite provisions. Note that Member States can but are not obliged to treat artists who reside within their borders as citizens.