Droit De Suite Has Arrived: Can It Thrive in California as It Has in Calais, The

Abstract

FIRST PARAGRAPH(S)|The droit de suite is the legislatively mandated right of an artist to receive a percentage of the price paid for his work in sales after the initial alienation. It is, therefore, an attempt to permit the artist to share in the appreciation in value which his art may undergo, and is independent of contractual stipulation. On September 22, 1976, California Governor Edmund G. Brown, Jr. signed the Resale Royalties Bill, into law thereby introducing the droit de suite into the United States. The Act essentially provides that an artist be paid a royalty on each resale of his work if the sale price is one thousand dollars or more. The key section directs:Whenever a work of fine art is sold and the seller resides in California, or the sale takes place in California, the seller or his agent shall pay to the artist of such work of fine art or to such artist's agent 5 percent of the amount of such sale. The right of the artist to receive an amount equal to 5 percent of the amount of such sale is not transferable and may be waived only by a contract in writing providing for an amount in excess of 5 percent of the amount of such sale. The purpose of this article is to examine the California Resale Royalties Act-its background, its provisions, its classification,and the practical and constitutional problems it faces...