Legal Definitions - droit de suite

Droit de suite is a French legal term that translates to "right to follow." In contemporary legal practice, it predominantly refers to a specific right granted to creators of original artworks.

It allows artists (or their heirs) to receive a percentage of the resale price each time their original artwork is sold after the initial sale. This right ensures that artists can benefit financially from the increased value of their work over time, especially if their reputation grows significantly after they first sell a piece. While historically the term could also refer to a creditor's right to reclaim property from a third party, its most prominent and recognized application today is within intellectual property law, specifically concerning visual arts.

• Example 1: An Emerging Artist's Breakthrough

  Imagine a young, unknown painter who sells an abstract canvas for a modest sum, say $500, to a local collector. Ten years later, the artist gains international acclaim, and that same painting is resold at a prestigious auction house for $50,000. In jurisdictions that recognize droit de suite, the original artist (or their estate, if applicable) would be entitled to a percentage of that $50,000 resale price, allowing them to benefit from the significant appreciation in their work's value.

• Example 2: A Sculptor's Enduring Legacy

  A renowned sculptor creates a unique bronze piece and sells it directly to a private patron for $20,000. Decades later, the patron's descendants decide to sell the sculpture. It is acquired by a museum for $150,000 due to the sculptor's established reputation and the artwork's historical significance. Under droit de suite provisions, the sculptor (or their legal heirs) would receive a portion of that $150,000 sale, ensuring their continued participation in the economic success of their creation even long after the initial transaction.

• Example 3: Cross-Border Art Market

  An artist living in France, a country that strongly enforces droit de suite, sells a limited-edition print to a collector in Germany, which also recognizes this right. Years later, the German collector sells the print to another collector in Belgium. Even though the artwork has crossed borders multiple times, the original French artist would still be entitled to a royalty from the resale in Belgium, provided the legal frameworks in these European nations facilitate the enforcement of the droit de suite across their jurisdictions.