Verified as of 27 September 2026. If anything has changed, let me know and I will update it with the date of the change.
An artist sells a painting for €1,000. Ten years later, the work is auctioned for €50,000. In Spain, the author may be entitled to a portion of the price of that resale. This is the resale right, also known as droit de suite. This guide summarises Article 24 of the Intellectual Property Act. It is not legal or tax advice.
What it is
The resale right entitles the author of a graphic or plastic work of art to receive from the seller a portion of the price of any resale occurring after the first transfer made by the author themselves.
The law specifies, among others, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware, photographs, and video art pieces. Copies are considered original when they have been produced by the author or under their authority and are numbered, signed, or duly authorised.
The right belongs to the author and, upon their death or declaration of death, to their successors for the applicable protection period. Its recognition also depends on the author's nationality or residence and, for certain nationals of third countries, on the reciprocity provided for in Article 24.3.
When it applies
A resale is subject to the right when an art market professional takes part as seller, buyer or intermediary: an auction house, a gallery, a dealer or any other natural or legal person regularly engaged in intermediation. The rule also applies when the transaction takes place through online services.
It does not apply to a purely private sale in which no market professional participates. There is also a specific exception: the resale of a work that a gallery purchased directly from the author does not generate the right if it occurs within three years of that acquisition and the price does not exceed €10,000, excluding taxes.
The resale price must be at least €800, excluding taxes, per work or set conceived as a single unit.
How much is paid
The amount is calculated in brackets based on the resale price, excluding taxes:
- 4% on the first €50,000.
- 3% on the portion between €50,000.01 and €200,000.
- 1% on the portion between €200,000.01 and €350,000.
- 0.5% on the portion between €350,000.01 and €500,000.
- 0.25% on the portion exceeding €500,000.
The total amount may not exceed €12,500 per resale.
The percentages are not applied as a single rate to the whole price. On a resale of €60,000, for example, €2,000 is due on the first €50,000 and €300 on the remaining €10,000: €2,300 in total, before any applicable tax treatment.
Who pays and how it is managed
The primary obligor is the seller. The art market professional involved is jointly and severally liable with them for payment and must:
- notify the seller, the rights holder, and the collecting society in writing of the resale within two months from the day following the transaction;
- provide the information and documentation necessary to verify the settlement;
- withhold the corresponding amount and hold it on deposit free of charge;
- pay it to the collecting society within the statutory period.
The right is subject to mandatory collective management. It is enforced through intellectual property rights collecting societies. In Spain, VEGAP manages this right for visual artists, including those who are not members when the law is applicable.
Claims become time-barred five years after the resale was notified. If you suspect that a transaction was not reported, contact the collecting society or a professional as soon as possible.
It cannot be waived or sold
The resale right is inalienable and non-waivable. The artist cannot assign it inter vivos nor validly waive it in a contract of sale, representation or deposit. It does pass to their successors after death, as expressly provided for by law.
This point matters: it is not accurate to describe it simply as ‘non-transferable’, because it does pass on death (mortis causa).
VEGAP and reproduction licences
VEGAP also manages other rights of the visual creators it represents, including authorisations to reproduce or communicate works to the public in catalogues, posters, websites, exhibitions or other media. That work is distinct from the resale right: a licence authorises a use of the work; the resale right arises upon certain resales of the material copy.
When preparing a travelling exhibition, I found that licences can depend on the use, the media, the territorial scope, the number of venues and the duration. Requesting the terms in writing from the outset assists in calculating the project and determining which works may be utilised. That an institution possesses the material copy does not necessarily mean it may freely reproduce the work.
If you are an artist
- For each work, keep its identifier, invoice, price, buyer and the terms of the first transfer.
- Request that contracts precisely identify the work and distinguish the ownership of the copy from the exploitation rights.
- Monitor the appearances of your works at auctions, galleries and professional platforms.
- If you are aware of a resale that may be subject to the right, communicate it to the collecting society and provide the available documentation.
- Do not sign a clause for the waiver or inter vivos assignment of the resale right: it does not produce that effect.
- Bear in mind that the hammer price, commissions and taxes are distinct concepts. The settlement must be based on the resale price defined by law.
On the open conversation
This guide summarises the resale right governed by Article 24 of the Intellectual Property Act and is also based on my experience in preparing an exhibition. It is not legal or tax advice. If you work in a gallery, an auction house or a collecting society and notice an error or a scenario that should be included, the guide remains open.