wederverkoop

Wederverkoop, in Dutch copyright law often referred to as het recht van wederverkoop or recht van suite, is the resale right for authors of original works of art. It entitles the author or their heirs to receive a royalty from the seller when an original artwork is resold by a professional art market intermediary such as galleries or auction houses. The right is intended to ensure authors benefit from the increasing market value of their works even after the first sale.

Scope and applicability: Wederverkoop applies to original works of fine art, including paintings, drawings, sculptures, and certain original prints, and only when the sale is conducted through a professional intermediary. It does not typically apply to private, non-professional sales or to the sale of copies rather than original works.

Duration and entitlement: The protection lasts for the author's lifetime plus a number of years after death, commonly life plus 70 years, though the exact term varies by country. The royalty is paid by the seller to the author or their rights holder, who may pass it to heirs or assigns.

Rates and administration: The percentage and the thresholds are determined by national law within the framework of the EU directive on droit de suite. Rates often follow a sliding scale and can differ between countries. Some jurisdictions provide exemptions for particular types of sales or for smaller transactions, and administration is typically handled by the seller or the rights management bodies.

Relation to other terms: In English, this is known as the resale right or droit de suite. In the Netherlands, the term most commonly used is wederverkooprecht.

See also: droit de suite, Auteurswet, EU directive 2001/84/EC.