The Droit De Suite or Resale Royalty Right Under the Brazilian Framework

Abstract

The resale royalty right – also referred to by its French designation droit de suite – was first implemented about a hundred years ago in France, with the intention of protecting so-called struggling artists and their families. The idea was to remedy the situation where these people lived in total poverty while their works of art were acquired for stunning sums of money at auction houses and art galleries. However, there is considerable controversy on whether such provisions still have a place in the current art market or whether they should be abolished entirely. The art market has indeed changed a lot since the beginning of the 20th century (when the first provision on droit de suite was enacted). Nowadays, there are a number of artists who have benefited from the vicissitudes of the art market, such as the artist entrepreneur. In April 2017, the World Intellectual Property Organization held a conference for the purpose of discussing the current position of these rights in the world. The present paper intends to first discuss the current status of such rights worldwide, including in terms of international treaties. The paper will then focus specifically on the Brazilian legal framework, which has maintained the resale royalty right in force for many decades. Throughout the text, the author will advance arguments in favor of and against the resale royalty right in order to showcase different perspectives and opinions on this still controversial subject.