The Reception of Droit de Suite in International Law: Diagnosis and Remedy

Abstract

Droit de suite, the right for artists to receive an interest in each resale of their original artworks, commemorates one century of existence this year but remains highly hypothetical for many artists worldwide. This article addresses the reasons for this situation and proposes possible solutions by using a comparative law approach. An analysis of international (Berne Convention) and national regulations (Australia and Brazil) shows that the lack of universality and operationality of the resale royalty right is a consequence of choices made by the Berne Union in 1948. Mainly, the absence of obligation for Member States to implement it and the broad margin left to them that fosters the multiplication of national peculiarities. An amendment of article 14ter of the Berne Convention seems necessary. The World Intellectual Property Organization-WIPO may refer to national and regional experiences, as well as existing researches, to speed up the pace of the current discussions on the topic and ensure that artists finally benefit in a homogeneous way from a right to the value created around their work.