4 DECEMBER 2006. - Law transposing in Belgian law Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the right of action for the benefit of the author of an original work of art (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It transposes the provisions of Directive 2001/84/EC of the European Parliament and the Council of 27 September 2001 on the right of action to the benefit of the author of an original work of art.
CHAPTER II. - Amendments to the Act of 30 June 1994 on copyright and neighbouring rights
Art. 2. The title of Chapter I, Section 3, of the Act of 30 June 1994 on copyright and neighbouring rights is replaced by the following title:
“Section 3. - Provisions specific to works of graphic or plastic art".
Art. 3. Section 9 of the Act of 30 June 1994 on copyright and related rights is amended as follows:
1° In paragraph 1^er, the words "plastic work" are replaced by the words "plastic or graphic art work";
2° In paragraph 2, the words "plastic work" are replaced by the words "plastic or graphic art work".
Art. 4. Section 11 of the Act is replaced by the following provision:
“Article 11. - § 1^er. For any act of resale of an original work of art in which as sellers, buyers or intermediaries, professionals of the art market, after the first assignment by the author, it is due to the author by the seller an inalienable right of suite, to which it cannot be waived, even in advance, calculated on the price of resale.
It is understood by "original work of art", works of graphic or plastic art such as paintings, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glassware and photographs, as long as it is the creations executed by the artist himself or of copies considered as works.
The copies of works of art referred to in this section, which have been executed in limited quantities by the artist himself or under his or her responsibility, are considered to be original works of art for the purposes of this section. Such copies are in principle numbered or signed, or otherwise authorized by the artist.
§ 2. However, the right of action does not apply to an act of resale when the seller acquired the work directly from the artist less than three years before this resale and the resale price does not exceed EUR 10,000. The burden of proof of compliance with these conditions rests with the seller.
§ 3. The right of action is vested in the heirs and other authors ' rights under articles 2 and 7.
§ 4. Without prejudice to the provisions of international conventions, reciprocity applies to the right of action. "
Art. 5. Section 12 of the Act, as amended by the Royal Decree of 20 July 2000, is replaced by the following provision:
“Article 12. - The fee is calculated on the non-tax selling price, provided that it reaches a minimum of EUR 1.250. In order to remove discrepancies that have negative effects on the functioning of the domestic market, the King may modify the amount of EUR 1.250 without being able to set an amount greater than EUR 3.000. The amount of the right of action is as follows:
- 4% for the sales price up to EUR 50,000;
- 3% for the sale price between 50,000,01 EUR and 200,000 EUR;
- 1% for the sale price between 200,000,01 EUR and 350,000 EUR;
- 0.5% for the sale price between 350,000,01 EUR and 500,000 EUR;
- 0.25% for the sales price of 500,000 EUR.
However, the total amount of the fee may not exceed EUR 12.500. "
Art. 6. Section 13 of the Act is replaced by the following provision:
“Article 13. - § 1^er. For resales made as part of a public auction, the art market professionals involved in resale as sellers, buyers or intermediaries, the public officer and the seller are jointly and severally required to notify the sale in the month of the resale to the author or company responsible for the management of his rights or if it is not reasonably possible, to the management companies designated by the Kings. They are also jointly obliged to pay the fees due within two months of the notification.
For resales that are not made in the course of a public auction, including sales that have given rise to the application of Article 11, § 2, professionals in the art market involved in resale as sellers, buyers or intermediaries and the seller are jointly and severally required to notify the sale within the time and in the manner determined by the King to the author or to the company responsible for the King's rights They are also jointly obliged to pay the fees due within two months of the notification.
§ 2. The action of the author is prescribed by three years from the expiry of the payment period referred to in § 1^erParagraphs 1^er and 2.
§ 3. Upon expiry of the payment deadlines set out in § 1^erParagraphs 1^er and 2, the amounts that could not be paid will be paid to the management companies designated by the King. The King may set the terms and conditions for this payment. At the expiry of the limitation period set out in § 2, the management societies designated by the King shall distribute the rights according to the terms fixed by the King.
§ 4. For a period of three years after the resale, management companies may require, in respect of the works entrusted to them, professionals in the art market all information necessary for the collection and distribution of the law in succession, in accordance with the rules laid down by the King.
With respect to works whose rights management is not entrusted to a management corporation, the King sets out the conditions for the exercise of the right to information referred to in the preceding paragraph. In particular, it may provide that the right to information referred to in paragraph 1^er, can only be exercised by the management societies that He has designated in accordance with the rules established by Him.
The authors may also, in accordance with the rules laid down by the King, require management companies designated by the King, any information necessary for the collection and distribution of the law in succession. "
Art. 7. Article 22, § 1^erthe same Act, as amended by the Acts of 31 August 1998 and 22 May 2005, are amended as follows:
(a) in the 1st, the words "plastic works" are replaced by the words "plastic or graphic works";
(b) in the 4th, the words "plastic works" are replaced by the words "plastic or graphic works";
(c) in 4°bis, the words "plastic works" are replaced by the words "plastic or graphic works";
(d) in the 4th, the words "plastic works" are replaced by the words "plastic or graphic works".
Art. 8. Article 92, § 2, of the Act is supplemented by the following paragraphs:
"The right of action relating to public works resales, within the meaning of Article 1^er of the law of 25 June 1921 striking by law public sales of works of art, for the benefit of the artists, authors of the works sold, which took place before 2 February 1999 and for which, on the day of the entry into force of this paragraph, the rights due have not yet been paid to the author or company responsible for the management of his rights, will be distributed by the management companies designated by the King.
Regardless of the time the resales referred to in the preceding paragraph took place, the action of the author relating to the right of action referred to in the preceding paragraph shall be prescribed by three years from the time fixed by the King. The amounts that, at the expiry of this limitation period, could not be paid to the author or company responsible for the management of his or her rights are distributed among the management companies designated by the King proportionately to the amount of the follow-up fees collected by each of them in the previous calendar year. These amounts are then apportioned among the beneficiaries of the class concerned, in accordance with the rules laid down in Article 69. "
CHAPTER III. - Entry into force
Art. 9. The King sets out the date of entry into force of each of the provisions of this Act, distinguishing, with respect to the resales of original works whose author has died, if it is necessary to allow economic operators to gradually adapt to the law of succession, between resales made in the context of a public auction, and resales that are not made in the public auction framework.
Derogation from paragraph 1^erArticle 7, (b) and (c), comes into force on the day of the entry into force of Article 4, (b) and (c) of the Act of 22 May 2005 transposing into Belgian law the European Directive 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of copyright and neighbouring rights in the information society.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 4 December 2006.
ALBERT
By the King:
Minister of Economy,
Mr. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
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Note
(1) Regular session 2005-2006.
House of Representatives:
Parliamentary documents. - Bill No. 51-2464/1. - Amendments, n^bones 51-2464/2 to 4. - Report of the Commission, No. 51-2464/5. Text adopted by the Commission, No. 51-2464/6. Amendment No. 51-2464/7. - Text adopted in plenary and transmitted to the Senate, No. 51-2464/8.
Annales parliamentarians. - Discussion and adoption. Session of November 16, 2006.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-1911/1. - Project not referred to by the Senate.