artist's resale royalty(comparative studies in Europen Union Law,france and UK)

Document Type : Research Paper

Authors

1 M.A. Law Ferdowsi University Of Mashhad, Mashhad, Iran

2 Assistant Professor, Department of law Ferdowsi University of Mashhad, Mashhad, Iran

3 Assistant Professor, Department of Law Ferdowsi University of Mashhad, Mashhad, Iran

Abstract

some legal systems have identified the special rights as "droit de suite" or "resale royalty right" for the protection of creators of works of graphic or plastic art. But this right is not recognized in the Iranian legal system. This research has tried to explain various aspects of the resale right by examing the legal systems of France, the UK and Europe Union. Resale right enables author of an original work of art to claim a portion of the price for which a work is resold. This right is based on equitable considerations and includes original artwork that has passed out of artists hands after the first sale. it is an inalienable and unwaivable right, in fact the right is not assignable but after death, passes with the author's estate. the royalty According with Conditions could paid by the seller or buyer or intermediaries art market professionals.

Keywords

Comparative Law Review
Volume 4, Issue 1 - Serial Number 1
September 2013
Pages 1-22

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