Los beneficiarios del derecho de participación tras el fallecimiento del autor (STJUE de 15 abril 2010, Caso Fundación Gala-Salvador Dalí)

Abstract

Article 6 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, provides that the royalty shall be payable to the author of the work and after his death to those entitled under him or her. This study analyses the Judgment of the Court (Third Chamber) of 15 April 2010, where the Court states that Article 6 must be interpreted as not precluding a provision of national law which reserves the benefit of the resale right to the artist’s heirs at law alone.