The Study on Resale Royalty Right


The Study on Resale Royalty Right
Pin-Hua Hsu
Droit de Suite, Resale Royalty Right, Visual Arts, Moral Right, the First Sale Doctrine
The Droit de Suite, or an artist’s resale royalty right, was first enacted into law by France in 1920. Since then, French fine artists have had the right to be paid a royalty from the proceeds of any resale of their work. Often characterized as a pecuniary right, the Droit de Suite is more accurately defined as a hybrid of the moral right and the author’s right, because it is an offshoot of both of the inalienable right of paternity and the right to participate in the future economic exploitation of a work. Almost a century later, the resale royalty right is implemented in 81 countries and is now recognized in Berne Convention in Article 14 and harmonized at European Union level. A well-functioning copyright law must provide robust support for authors, who are, after all, the first beneficiaries of the copyright system. To further the appreciation of culture among all the people, to increase respect for the creative individual, to widen participation by all the processes and fulfillments of art, is the duty of international copyright system. An international treaty for artist’s resale royalty right would be a challenge of next stage.
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