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1. Member States shall provide that authors who are nationals of third countries and, subject to Article 8(2), their successors in title shall enjoy the resale right in accordance with this Directive and the legislation of the Member State concerned only if legislation in the country of which the author or his/her successor in title is a national permits resale right protection in that country for authors from the Member States and their successors in title.

2. On the basis of information provided by the Member States, the Commission shall publish as soon as possible an indicative list of those third countries which fulfil the condition set out in paragraph 1. This list shall be kept up to date.

3. Any Member State may treat authors who are not nationals of a Member State but who have their habitual residence in that Member State in the same way as its own nationals for the purpose of resale right protection.

Paragraph 1 states (1) In the field of copyright, the resale right is an unassignable and inalienable right, enjoyed by the author of an original work of graphic or plastic art, to an economic interest in successive sales of the work concerned.

The US proposal is that 50% be redistributed to institutions , "unassignable and inalienable right,"..... ???

A question for the readers of this website How many of you were aware that in 2008 the EU removed all non European countries from its list of recognised Art resale royalty schemes?

About the Author

John R Walker

John R Walker

John R Walker has been exhibiting for more than 30 years. His artworks can be found in many of Australia's major public and private collections including: the ACT Legislative Assembly, Art Gallery of...