French Intellectual Property Code
In forceI.-After the death of the author, the resale right referred to in article L. 122-8 subsists in favour of his heirs and, for the usufruct provided for in Article L. 123-6, his spouse, during the current calendar year and the following seventy years.
Subject to the rights of descendants and the surviving undivorced spouse, the author may pass on the droit de suite by bequest.
If there is no heir and the droit de suite has not been bequeathed, it reverts to the universal legatee or, failing that, to the holder of the moral right.
II.-In the absence of a known successor in title, or in the event of vacancy or escheat, the court may entrust the benefit of the resale right to a collective management organisation governed by Title II of Book III of this Part, approved for this purpose by order of the Minister responsible for culture. The matter may be referred to the court by the minister responsible for culture or by the approved organisation.
The sums collected by the approved body are allocated to covering a fraction of the contributions due by authors of the graphic and plastic arts in respect of supplementary retirement.
The management of the resale right provided for in the first paragraph of this II ends when a rightful claimant proving his status makes himself known to the approved body.
III.-Approval of the organisations provided for in II is granted in consideration of:
1° The diversity of the members;
2° The professional qualifications of the directors;
3° The size of their repertoire and the representation of authors of original graphic and plastic works who are entitled to resale rights, within the meaning of Article L. 122-8, within the governing bodies;
4° The human and material resources they propose to implement to enable the assumption of resale rights provided for in the second paragraph of II of this article.
IV.-The procedures for applying this article, in particular for issuing and withdrawing the approval provided for in II, are specified by decree in the Conseil d'Etat.
