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What it is

Artists get a share when their artwork is resold

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 25 June 2008. Introduced by: Gobierno.

Official title: Government bill on the right of participation for the benefit of the author of an original work of art.

Follow this law

Source: Congreso de los Diputados, file 121/000006· updated 11 Nov

Automatic summary, not yet reviewed

  1. Authors of original works of art (paintings, sculptures, photographs, etc.) are entitled to collect from the seller a percentage of the price each time the work is resold after the first sale. The right also belongs to their heirs.
  2. The right only applies if the resale price is at least €1,200 excluding taxes and an art market professional takes part, such as an auction house, a gallery or a dealer. The amount is calculated in tiers, from 4% down to 0.25%, capped at €12,500.
  3. The professional involved in the resale must notify it within two months, withhold the amount of the right and pay it within a maximum of two months. They are jointly liable with the seller if it is not paid, and the right expires seventy years after the author's death.
  4. Authors may manage the right through collecting societies or individually. Amounts collected but not distributed because the holder could not be identified must be paid into the Fund for Aid to the Fine Arts (Fondo de Ayuda a las Bellas Artes).

Who it affects

  • Visual and graphic artists and their heirs, who receive a percentage on each resale.: benefit
  • Art market professionals (auction houses, galleries, dealers), who must notify, withhold and pay the right.: obligation
  • Buyers and sellers of artworks, since the right applies only when these professionals take part and the price reaches €1,200.: impact
  • Collecting societies for intellectual property rights, which may manage collection and must pay undistributed amounts into the Fund.: obligation

Words worth knowing

Derecho de participación (resale right)
The right of an artwork's author to collect a percentage each time the work is resold.
Primera cesión (first transfer)
The first time the author sells or transfers the work to someone else.
Sucesión mortis causa (inheritance)
Transfer of a right to the heirs when its holder dies.
Responsabilidad solidaria (joint liability)
Several people are liable for the same payment: if one does not pay, the other can be pursued.
Prescribir (statute of limitations)
Losing the ability to claim a right because the legal deadline has passed.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced25 June 2008Someone registers the text in the Congreso.
  2. Admitted2 July 2008The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments9 July 2008Groups propose changes.
  4. Committee22 October 2008A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate13 November 2008The Senate can pass it, amend it or veto it.
  7. BOE17 December 2008It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Jun 2008Jul 2008Aug 2008Sept 2008Oct 2008Nov 200811. 25 June 2008: Presentación22. 2 July 2008: Comisión de Cultura Publicación desde 02/07/2008 hasta 09/07/200833. 2 July 2008: Calificación44. 9 July 2008: Comisión de Cultura Enmiendas desde 09/07/2008 hasta 22/10/200855. 22 October 2008: Comisión de Cultura Mesa - Calificación desde 22/10/2008 hasta 22/10/200866. 22 October 2008: Comisión de Cultura Debate de totalidad desde 22/10/2008 hasta 27/10/200877. 27 October 2008: Comisión de Cultura Informe desde 27/10/2008 hasta 04/11/200888. 4 November 2008: Comisión de Cultura Aprobación con competencia legislativa plena desde 04/11/2008 hasta 13/11/200899. 13 November 2008: Senado desde 13/11/2008 hasta 17/12/20081010. 17 December 2008: Concluido - (Aprobado con modificaciones) desde 17/12/2008 hasta 26/01/2009

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 3/2008, of 23 December, on the right of participation for the benefit of the author of an original work of art.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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