The Resale Share Right

In one line

When an original painting, sculpture, drawing or manuscript is resold for more than ten thousand rupees, the artist or his heirs get a share of the resale price, even though the artist sold the work and the copyright long ago.

In the wording a student can write in an exam: section 53A of the Copyright Act, 1957 confers the resale share right in original copies, which entitles the author, if he was the first owner of rights under section 17, or his legal heirs, notwithstanding any assignment of copyright in the work, to share in the resale price of the original copy or manuscript.

Why the law has this at all

Because a painter sells the canvas once and never again. A novelist earns from every printing. A painter sells one object for whatever it fetches while unknown, and if the painting is later resold for a fortune, none of it reaches the painter.

The idea comes from France. It is the droit de suite, introduced there in 1920 after the family of a well known painter was seen selling flowers outside an auction where his work fetched a great sum.

Berne article 14ter permits it but does not compel it. The author has an inalienable right to an interest in any sale of the work subsequent to the first transfer by the author, but protection may be claimed in a country of the Union only if the legislation in the country to which the author belongs so permits, and to the extent permitted by the country where protection is claimed. That is reciprocity, not obligation.

India enacted section 53A in 1994. It came in by the Copyright (Amendment) Act, 1994 with effect from 10 May 1995.

The provision itself

Section 53A(1). "In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section." Proviso: "such right shall cease to exist on the expiration of the term of copyright in the work."

Section 53A(2). The share is such as the Commercial Court may fix. First proviso: different shares may be fixed for different classes of work. Second proviso: "in no case shall the share exceed ten percent, of the resale price."

Section 53A(3). Any dispute about the right is referred to the Commercial Court, whose decision is final.