When it comes to buying, selling, or exhibiting artwork, art holdings, galleries, and collectors face a web of legal complexities. Based on French intellectual property law, which sets the standard for the European art market, here are the essential rules every industry player should know.
Automatic Protection: No Registration Needed
An artist gains full copyright protection the exact moment they create a piece of work (under Article L111-1 of the Intellectual Property Code). No filings, formal registrations, or stamps are required.
This copyright is split into two categories:
Economic Rights. These generate income from the work and last for the artist’s lifetime plus 70 years after their death, after which the work enters the public domain.
Moral Rights. These are perpetual, inalienable, and cannot be waived or sold. They include the right to paternity (attribution) and the right to integrity (opposing any modification of the work).
Owning the Artwork vs. Owning the Rights
This is the biggest pitfall for art buyers. Buying a physical painting or sculpture only makes you the owner of the physical object, not the intellectual property (Article L111-3).
This triggers strict rules:
Public exhibition requires prior consent. Even if you own the physical artwork, you cannot display it publicly without the artist’s permission.
Catalogues and ads are restricted. Reproducing the artwork in printed or digital formats (even to promote an upcoming exhibition) requires the author’s approval. The rare exceptions apply only to museum conservation and public auction sales resulting from asset seizures.
What About Street Art and Public Spaces?
For architectural works and permanent public sculptures, the “panorama exception” applies, meaning they can be reproduced without authorization.
Street art used to be a gray area because the creation process itself is often illicit. However, due to the global recognition of top street artists, modern courts now regularly grant them intellectual property protection.
Artist’s Resale Right (Droit de suite)
Artists and their heirs are legally entitled to a royalty percentage on all resales involving art market professionals like galleries, dealers, and auction houses.
How the resale royalty works:
No royalty is due on the very first sale by the artist or on low value resales under €750.
Resales are exempt if the seller bought the piece directly from the artist less than 3 years prior and the price does not exceed €10,000.
The rates are regressive, sliding from 4% for items priced between €750 and €50,000 down to 0.25% for parts of the price exceeding €500,000.
The total royalty is capped at €12,500, meaning any artwork sold for €2 million or more triggers this flat fee.
Key takeaway: While the seller is typically responsible for this payment, the Supreme Court recently ruled that the financial burden of the royalty can be contractually shifted to the buyer.
A Quick Take from FBS Experts: The global art market is heavily regulated, and copyright mistakes can lead to major financial liabilities. Whether you are investing in fine art, launching an art gallery in Europe, or handling estate planning for creative assets, the FBS legal team is here to help you structure your investments safely.