(1) If the original of an artistic work or of a photographic work is resold and if an art dealer or an auctioneer is involved as purchaser, vendor or intermediary, the vendor is to pay the author a share of the selling price. ʻSelling priceʼ within the meaning of sentence 1 is deemed to be the sales price net of tax. If the vendor is a person acting in a private capacity, then the art dealer or the auctioneer who is involved as purchaser or intermediary is jointly and severally liable together with the vendor; in their relationship inter se, the vendor alone is liable for payment. The obligation under sentence 1 does not apply where the selling price amounts to less than 400 euros.
(2) The portion of the selling price amounts to:
1. 4 per cent for the portion of the selling price up to 50,000 euros,
2. 3 per cent for the portion of the selling price from 50,000.01 to 200,000 euros,
3. 1 per cent for the portion of the selling price from 200,000.01 to 350,000 euros,
4. 0.5 per cent for the portion of the selling price from 350,000.01 to 500,000 euros,
5. 0.25 per cent for the portion of the selling price exceeding 500,000 euros.
The total amount of the royalty on resale does not exceed 12,500 euros.
(3) The resale right is inalienable. Authors may not waive their share in advance.
(4) Authors may require provision of information from an art dealer or an auctioneer as to which of their originals of works of art have been resold with the involvement of the art dealer or the auctioneer during the last three years prior to the request for information.
(5) Where necessary for the assertion of a claim against the vendor, authors may require the art dealer or the auctioneer to provide the name and address of the vendor as well as the amount of the selling price. The art dealer or the auctioneer may refuse to provide the name and address of the vendor if that vendor pays the share due to the author.
(6) The claims under subsections (4) and (5) may only be asserted through a collecting society.
(7) Where there is reasonable doubt as to the accuracy or completeness of the information provided in accordance with subsection (4) or (5), the collecting society may require access to the account books or to other documents to be granted, at the choice of the person obliged to provide the information, either to the collecting society or to a chartered accountant or sworn auditor designated by that person to the extent which is necessary to ascertain the accuracy or completeness of the information. Where the information is found to be inaccurate or incomplete, the person obliged to provide the information is to bear the costs of the examination.
(8) The foregoing provisions do not apply to architectural works and works of applied art.