Dali Gives Greater Clarity to the Resale Directive

摘要

Directive 2001/84 enshrined into European law the right of artists to receive a royalty when their works are resold. In the wake of the United Kingdom's submission to the Directive on January 1, 2012, this article contemplates the historical origins of the right, arguments for and against it, and the mechanics of how the right will operate in practice. Finally, it analyses in detail the recent case of Dali v ADAGP, where the CJEU considered the Directive for the first time, and in so doing resolved a fierce dispute over resale royalties pertaining to some of the Spanish surrealist's works.