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Decree No. 2007 - 756, May 9, 2007 Taken For The Application Of Article L. 122 - 8 Of The Code Of Intellectual Property And On The Right On

Original Language Title: Décret n° 2007-756 du 9 mai 2007 pris pour l'application de l'article L. 122-8 du code de la propriété intellectuelle et relatif au droit de suite

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Transposed Texts

Directive 2001 /84/EC of the European Parliament and of the Council on the resale right for the benefit of the author of an artwork Original

Abstract

Application of Art. L. 122-8 (art. 48 of the Act 2006-961). Full transposition of Directive 2001-84 of the European Parliament and of the Council of 27-09-2001.

Keywords

CULTURE, INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY CODE , ARTIST, COPYRIGHT, ART, INCOME, WORK, SALE, TRADE, DROIT DE SUITE, RECIPROCITE, EXTENSION, OVERSEAS, SOUTHERN AND ANTARCTIC LANDS FRANCAISES, TAAF, NEW-CALEDONIA, MAYOTTE, WALLIS AND FUTUNA ISLANDS, EUROPEAN DIRECTIVE , COMPLETE TRANSPOSITION


JORF No. 108 of 10 May 2007 page 8316
text number 72



Decree n ° 2007-756 of 9 May 2007 for the application of article L. 122-8 of the code of intellectual property and relating to resale right

NOR: MCCB0751269D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/5/9/MCCB0751269D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/5/9/2007-756/jo/texte


The Prime Minister,
On the report of the Minister for Culture and Communication,
In view of Directive 2001 /84/EC of the European Parliament and of the Council of 27 September 2001 on the right to For the benefit of the author of an original work of art;
Given the code of intellectual property, in particular Articles L. 122-8 and L. 123-7;
In view of the Penal Code, in particular Article R. 610-1;
The Council of State (section of Inside) heard,
Clipping:

Item 1 Read more about this Article ...


In Chapter II of Title II of Book I of the Intellectual Property Code, articles R. 122-1 to R. 122-11 are replaced by the following provisions:
" Art. R. 122-1. -The resale right provided for in Article L. 122-8 shall be payable, under the conditions provided for in this Chapter, in the sale, in any form, of a work of original graphic or plastic art other than the first assignment made by The author or his successors in title, provided that the seller, the purchaser or an intermediary intervene in the assignment in the course of their professional activity and that at least one of the following conditions is fulfilled:
" 1 ° The sale is made on French territory;
" 2 ° Sales are subject to value added tax.
" Art. R. 122-2. -The works mentioned in Article R. 122-1 are the original graphic or plastic works created by the author himself, such as paintings, collages, paintings, drawings, engravings, prints, lithographs, etc. Sculptures, tapestries, ceramics, glassware, photographs and plastic creations on audiovisual or digital media.
" Works carried out in limited number of copies and under the responsibility of the author shall be deemed to be original works of art within the meaning of the preceding paragraph if they are numbered or signed or duly authorized in another way by The author. These include:
" (a) Original engravings, prints and lithographs drawn in limited number of one or more plates;
" (b) Sculpture editions, within the limit of twelve copies, numbered copies and artist proofs;
" (c) Hand-made tapestries and textile works, based on original models provided by the artist, within the limit of eight copies;
" (d) The enamelled by hand and with the signature of the artist, within the limit of eight numbered copies and four artist prints;
" (e) Photographic works signed, within the limit of thirty copies, whatever the format and support;
" (f) Plastic or digital creations in the limit of twelve.
" Art. R. 122-3. -The non-nationals of a Member State of the European Community or of a State Party to the Agreement on the European Economic Area and their successors in title within the meaning of the provisions of Article L. 123-7 shall be entitled to the The conditions laid down in this Code if their national legislation provides that the authors who are nationals of the States mentioned above and their successors in title and for the period during which they are entitled to exercise that right In their country.
" The non-nationals of the States mentioned in the preceding paragraph who, during their artistic career, have participated in the life of French art and have had, for at least five years, even non-consecutive years, their residence in France may, Without conditions of reciprocity, be entitled to benefit from the resale right. Their rights holders within the meaning of the provisions of Article L. 123-7 shall enjoy the same right. Interested authors or their successors in title must make an application to the Minister responsible for culture, who shall act after the opinion of a committee whose composition and operating conditions are laid down by an order of the Minister responsible for the Culture.
" Art. R. 122-4. -The selling price of each work taken into account for the collection of resale right is, excluding taxes, the price of the auction in the case of a public auction and, for the other sales, the transfer price collected by the seller.
" The resale right shall not be payable if the sale price of the work, as defined in the preceding paragraph, is less than 750 euros.
" Art. R. 122-5. -The rate of resale right shall be equal to 4 % of the selling price as defined in Article R. 122-4 where it is less than or equal to EUR 50
. When the selling price is greater than EUR 50 000, the resale right shall be as follows:
" 4 % for the first EUR 50 000 of the selling price as defined in Article R. 122-4;
" 3 % for the sale price range between 50 000.01 and 200 000 euros;
" 1 % for the sale price range between 200 000.01 and 350 000 euros;
" 0.5 % for the sale price range between 350 000.01 and 500 000 euros;
" 0.25 % for the sale price exceeding 500,000 euros.
" The total amount of duty payable on the sale of a work may not exceed € 12,500.
" Art. R. 122-6. -I.-The Minister responsible for culture shall establish by order a list of collecting and distribution companies who are entitled to inform the beneficiaries of the resale right and who are likely to be notified of the sales of original works Charts or plastics under the conditions set out in section R. 122-9.
" II. -To be included in the list referred to in the I of this Article, a collecting and distribution company shall support its request:
" 1. Provide proof of the diversity of its associates and the number of entitled persons;
" 2 ° Justify the qualifications of its managers and social agents, assessed according to their professional experience in the graphic or visual arts sector or the management of professional bodies;
" 3 ° Provide any information relating to its administrative organisation, its installation and equipment conditions and its ability to inform the beneficiaries of the resale right, including
. The list shall, by order of the Minister responsible for culture, be deleted from the list of any company which so requests or, subject to having been placed in a position to make representations within a period of two months, any company which no longer fulfils the Conditions to be added to the list.
" III. -The orders of the Minister responsible for culture referred to in I and II shall be published in the Official Journal of the French
. Art. R. 122-7. -Any person who is entitled to the right of resale who wishes to obtain from the list referred to in the I of Article R. 122-6 the transmission of a notice of sale concerning him, of which those companies are addressed in Application of Article R. 122-9, may communicate its address and any other relevant information to such companies. This communication must be renewed on any change of address or situation.
" Art. R. 122-8. -I.-In case of sale of an original graphic or plastic work at public auction, the professional of the art market responsible for the payment of the resale right is, as the case may be, the voluntary sales company or the auctioneer Judicial.
" II. -In other cases, the professional of the art market involved in the sale is responsible for the payment of the resale right. If the sale involves several professionals, the professional responsible for payment of the resale right is:
" 1 ° The salesman, if he acts in the framework of his professional activity;
" 2 ° Failing, the professional of the art market who receives, as an intermediary, the payment of the purchaser;
" 3 ° A default, the buyer, if it acts in the context of its professional activity.
" Art. R. 122-9. -I.-Upon receipt of a request from the beneficiary, the professional responsible for payment of the resale right shall pay him the amount of the request within a time limit which may not exceed four months from the date of receipt of the application or, if That application is received prior to sale, from the date of that sale.
" If the work is due to the collaboration of several authors, the beneficiary shall make the declaration and specify the distribution of the resale right between the authors
II. -If no application is received, the professional responsible for payment of the resale right shall notify, by registered letter, with the request for a notice of receipt, not later than three months after the end of the calendar quarter in which the sale took place, One of the collecting and distribution companies referred to in Article R. 122-6 of the making of the sale by indicating the date of the sale, the name of the author of the work and, where applicable, the information relating to the The recipient of the suite permission it has.
" Where a collecting and distribution company is notified of a sale opening the right to the benefit of a beneficiary referred to in R. 122-7, it shall be required to inform thereof. Where the beneficiary is not identified, the collecting and distribution company shall carry out the necessary diligences to inform persons who may benefit from the resale right, if necessary by using the other companies Collection and distribution of rights referred to in R. 122-6. Failing to have been able to inform the beneficiary, it shall carry out the appropriate advertising measures in electronic form or by any other appropriate means.
" Art. R. 122-10. -I.-For the liquidation of sums due to it in respect of resale right, and for a period of three years following the sale opening the right to the collection of that right, the beneficiary may, by specifying the title, the summary description and the Name of the author of the work concerned, obtain from persons who have intervened in this sale in the course of their professional activity:
" (a) The name and address of the professional responsible for payment of the resale right;
" (b) The date of sale of the work and its
. II. -The beneficiary may, under the conditions and within the period laid down in the I, obtain from the professional responsible for payment of the resale right:
" (a) The copy of the documents establishing that the resale right has been paid to the beneficiary, as well as, where applicable, the copy of the beneficiary's application and the declaration of cooperation, provided for in Article R. 122-9;
" (b) In the absence of such documents, a copy of the documents justifying that the professional responsible for the payment of the resale right has fulfilled its obligations under the provisions of the first paragraph of Article R. 122-9
III. -The professional responsible for the payment of the resale right must, in addition, keep the name and address of the seller for the period specified in the
. Art. R. 122-11. -The penalty for the tickets of the third class is punishable by the fine for a professional responsible for paying the resale right pursuant to Article R. 122-8:
" 1 ° Do not remit the resale right to the beneficiary who requests it in accordance with the I of Article R. 122-9;
2 ° Not to notify one of the collecting and distribution companies in accordance with the provisions of the first paragraph of Article R. 122-9 II;
" 3 ° Not to notify the beneficiary of the right to follow the information provided for in Article R. 122-10. "

Item 2 Read more about this Article ...


Irrespective of its full application to Mayotte, this Order is applicable in the Wallis and Futuna Islands, in the French Southern and Antarctic Territories and in New Caledonia.

Item 3 Learn more about this Article ...


The provisions of this Decree shall apply to sales concluded on the first day of the month following its publication in the Official Journal of the French Republic.

Article 4 Read more about this article ...


The Minister of Justice, the Minister of Culture and Communication and the Minister for Overseas Affairs are responsible for each and every one of them. Concerning the execution of this Decree, which will be published in the Official Journal of the French Republic.


Done at Paris, 9 May 2007.


Dominique de Villepin


By the Prime Minister:


Minister of Culture

and Communication,

Renaud Donnedieu de Vabres

Seals, Minister of Justice,

Pascal Clément

Overseas Minister,

Hervé Mariton


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