Article 1(4) of Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art must be interpreted as not precluding the person by whom the resale royalty is payable, designated as such by national law, whether that is the seller or an art market professional involved in the transaction, from agreeing with any other person, including the buyer, that that other person will definitively bear, in whole or in part, the cost of the royalty, provided that a contractual arrangement of that kind does not affect the obligations and liability which the person by whom the royalty is payable has towards the author.
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Christie’s France SNC v. Syndicat national des antiquaires Directive 2001/84/EC, Art. 1. “Christie’s France”. IIC 46, 599 (2015). https://doi.org/10.1007/s40319-015-0367-3
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DOI: https://doi.org/10.1007/s40319-015-0367-3