When does resale right apply?
- It must involve the resale of original works.
- A professional art dealer must be involved as buyer, seller or intermediary.
- The resale price has to be at least €3,000.
- The artist may not be deceased more than 70 years ago.
In some cases, resale rights will not apply:
- If the seller has obtained the work from the artist himself less than 3 years before the sale, and the sale price does not exceed €10,000, then no resale right fee is due on this sale. A resale right fee is never charged on the first sale by the artist himself.
- If a person who is not a professional art dealer sells a work of art to a museum, no resale right is due on this sale. This has to be a museum that acts on a non-profit basis and is open to the general public. Vice versa this does not apply (a museum that sells works of art).
- Until January 1, 2012, no resale right was due on sales of artworks by deceased artists.