@RAMOS.ART Resale Royalty Right (Droit de Suite) Policy
Note: This Policy outlines the application of the Resale Royalty Right within the @RAMOS.ART ecosystem, ensuring fairness and transparency for both the artist and collectors.
1. What is the Resale Royalty Right (Droit de Suite)?
The Resale Royalty Right is a legal, perpetual, and non-waivable right that entitles visual artists to receive a percentage of the increase in value whenever their original works are resold.
- Legal Basis (Brazil): Article 38 of Law No. 9.610/1998.
- International Context: Similar protections exist globally, such as the EU Directive 2001/84/EC.
2. Key Facts for Collectors
- Applicability: Applies to all original artworks (paintings, drawings, etc.) resold in the secondary market.
- Trigger Event: Every resale transaction.
- Non-Waiver: This right is a legal obligation and cannot be renounced by contract. It is binding upon the buyer and all future successors.
3. Responsibility for Payment
- The Seller/Reseller: The person or entity selling the artwork in the secondary market is legally responsible for paying the royalty to the artist.
- Intermediaries: If the sale occurs via an auction house or gallery, they may act as the depository and facilitate the transfer.
- Private Sales: In DMs or private negotiations within the @RAMOS.ART network, the seller retains direct responsibility.
4. Calculation Methodology
As an audit-focused platform, @RAMOS.ART applies the following standards:
- In Brazil: Any resale with a minimum sale price amounting to USD 500 shall be subject to resale right. The royalty shall be calculated as 5% of the GROSS SELLING PRICE of the resale transaction.
- EU (European Countries): Any resale with a minimum sale price amounting to EUR 500 shall be subject to resale right. The royalty right shall be calculated as 5% of the GROSS SELLING PRICE of the resale transaction up to EUR 50.000. For selling price above EUR 50.000, the royalty right shall be calculated as defined in article 4 of EU Directive 2001/84/EC.
- Global Standard: In jurisdictions without specific resale laws, any resale with a minimum sale price amounting to USD 500 shall be subject to resale right. The royalty right shall be calculated as 5% of the GROSS SELLING PRICE of the resale transaction.
5. The Link Between Royalty and Provenance (The “New CoA”)
To ensure the integrity of your collection, @RAMOS.ART connects the royalty payment to the Provenance Database:
- Validation: Upon a secondary sale, the new buyer should ensure the seller fulfills the Droit de Suite.
- New Certificate: Once @RAMOS.ART receives proof of the royalty payment, the artist will:
- Void the previous Certificate of Authenticity (CoA).
- Issue a new Digital CoA in the name of the new owner.
- Update the Market Quote (Last Transacted Price) in the public catalog.
- Importance: Artworks without a validated royalty payment will not have their provenance updated, which may affect their future market value and “Platform Validated” status.
6. Contractual Clauses
All @RAMOS.ART purchase contracts include these binding obligations:
- Notification: The buyer/seller must notify @RAMOS.ART of any resale within 30 days.
- Liability: Failure to comply constitutes a breach of contract, subjecting the seller to indemnification for the unpaid royalty and legal costs.
7. How to Comply
To declare a resale or initiate a royalty payment, please contact the artist directly at cesar@ramos.art.br. Our team will provide the necessary auditing support to calculate the royalty right and issue the updated documentation.
@RAMOS.ART | Resale Royalty Right Policy | Version 1.3 | 17/02/2026
