In brief: The resale right gives the author of an original work of art a share in the price of each resale involving an art market professional. The practical doubt is how it is calculated. The Lisbon Court of Appeal held that the rates apply successively to each band of the price, and not as a single rate on the total — a reading that follows from construing the provision in conformity with the European directive. Anyone consigning, buying or selling should know who pays, how much and within what period.
The right and who holds it
Article 54 of the Copyright and Related Rights Code confers on the author of an original work of art — architecture and applied art excluded — a share in the price obtained, net of taxes, on each resale involving an agent acting professionally and on a stable basis in the art market. It is an inalienable and unwaivable right, meaning it cannot be assigned or contracted out of, and it is exercisable by heirs until copyright expires.
The question in dispute
The Portuguese Society of Authors sued the owner of two canvases sold at auction for 350,000 euros and 55,000 euros. She had paid 3,500 euros and 1,650 euros, applying to the total price the rate of the band in which each sale fell. The question was whether the law requires a single rate on the overall amount or successive rates on each tranche.
How it is calculated
The court construed paragraph 4 of article 54 in conformity with article 4 of Directive 2001/84/EC and read the expression “sale price falling between” as a band of the sale price. The rates of 4%, 3%, 1%, 0.5% and 0.25% therefore apply successively to each tranche, in the manner of income tax brackets. The owner was ordered to pay the difference.
Threshold, ceiling and who pays
Three figures bear retaining. The threshold of application is 3,000 euros, below which no share is due. The ceiling per transaction is 12,500 euros, which caps the burden on very high value sales. And payment is the responsibility of the seller and, in the alternative, of the auction house or gallery involved — meaning the market professional is not a mere intermediary for this purpose and is liable if the seller does not pay.
Periods and exceptions
The right to require information about the transaction is time-barred three years from knowledge of it, a short period worth bearing in mind on the claiming side. And transactions destined for a non-profit museum open to the public fall outside the regime, an exception that must be verified rather than presumed.
What to do in practice
For anyone organising a sale, the essential thing is to provide for this in the consignment agreement: identify whether the work falls within the right, state expressly who bears the share and how it is calculated, and provide for the information to be given. For sellers, it is worth redoing the calculation by the band method before paying, because the single-rate-on-the-total method almost always produces a lower figure than is due and generates the difference later claimed. For the author or their heirs, the immediate step is to request information about the transaction as soon as they learn of it, given the three-year period. Lisbon Court of Appeal, case 481/15.8YHLSB.L1-7, 18-10-2016, reporting judge Carla Câmara. The provision has not been amended since Law 24/2006, so the reasoning remains applicable.
The full newsletter
This note forms part of the edition of 18 September 2026 of the firm’s biweekly newsletter, with thirty-two items in Portuguese and English. The full document, on letterhead, is available here.
This note is provided for information purposes only and does not constitute legal advice. Concrete solutions depend on the facts of each case and on the regime applicable at the time. For specific questions, please consult a lawyer.