Artist`s resale right. Equitable royalties for fine art authors Cover Image

Dreptul de suită, redevența echitabilă pentru autorii operelor de artă plastică
Artist`s resale right. Equitable royalties for fine art authors

Author(s): Carmen Oana Mihăilă
Subject(s): Civil Law
Published by: Editura Pro Universitaria
Keywords: "resale right; the principle of equity; original work of art; beneficiary/visual artists; professional art market;"

Summary/Abstract: The artist`s resale right entitles an author/artist to levy royalties for the successive resale of his work of art. It has a double role: to promote a work of art and to bring compensation and fairness to some artists in order to distinguish them from other artists. This right is stipulated by the legislations of many countries worldwide but in Romania, it is provided by Law no.8/1996 on Copyright and Neighboring Rights. The international deeds that regulate this right are the Bern Convention and Directive 2001/84/CE of 2001. In spite of the rather reluctant attitude expressed by the economic literature, along with some EU states, countries from Africa, Latin America, the Russian Federation, the Philippines and Australia confer the artist`s resale right. Supporters of royalties consider that this right will encourage the artistic act and will protect the artists against the exploitation. Usually, the royalties’ fee varies between 3 and 5 % and in most cases, the right is inalienable. A sale threshold is also established around 1,000 Euros. The administration right is granted to a management company.The present paper analyses the current Romanian and European regulations on the artist`s resale right, with a particular emphasis on the specific legislations of some states like France, Italy, Australia or USA.

  • Issue Year: 1/2018
  • Issue No: 1
  • Page Range: 146-158
  • Page Count: 13
  • Language: Romanian
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