Droit de suit and succession mortis causa: unavailability inter vivos of this right

Abstract

Spanish Law 2/2019, of 1 March, which modifies the revised text of Royal legislative decree 1/1996, dated 12th april, enacting the consolidated text of the intellectual property act, regularizing, removing ambiguities and harmonizing the current legal provisions on the subject, repeals Law 3/2008, of 23 December, on the right of participation for the benefit of the author of an original work of art. For this study, we are interested in the 24 text: 1. The authors of graphic or plastic works of art, such as paintings, collages, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glass objects, photographs and video art pieces, shall be entitled to receive from the seller a share in the price of any resale of the same after the first assignment made by the author. Copies of works of art which are the subject of this right and which have been made by the author himself or under his authority shall be considered original works of art. These copies shall be numbered, signed or duly authorised by the author. 2. The right of participation shall be recognized for the author of the work and his or her successors in title after his or her death or declaration of death. It is the right of participation, of follow-up or droit de suite. In particular, it recognizes the authors of graphic or plastic works of art the right to receive from the seller a share in the price of any resale made after the first transfer by the creator. This right belongs to the author and, as it is not transferable inter vivos, it will be attributed to his beneficiaries after the death or declaration of death of the creator of the original work.