What is the ‘droit de suite’?

The ‘droit de suite’ is a term used in art law to refer to an artist’s right to receive royalties when their work is resold. The law was designed to protect the financial interests of artists and their heirs, as the sale of artwork is often a one-time transaction that does not provide ongoing benefits to the artist. In South Dakota, the Artist’s Royalty Act protects the droit de suite of South Dakota based artists. The law states that if artwork is resold within the state of South Dakota, the artist must be paid a five percent royalty of the sale price. This applies to both visual and performing arts. The original purchaser of the artwork is also entitled to a five percent royalty. The Artist’s Royalty Act was meant to recognize and financially support the work of South Dakota artists. It allows their work to be a continual source of income, as opposed to a one-time transaction, and ensures that their work will be respected and valued. This law is designed to promote the growth of the art industry, both in South Dakota and elsewhere, by encouraging buyers to invest in original artwork as well as ensuring that artists are fairly compensated for their work.

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What is the ‘droit de suite’?

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