The droit de suite in literary and artistic property
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The droit de suite in literary and artistic property a comparative law study by Liliane de Pierredon-Fawcett

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Published by Center for Law and the Arts, Columbia University School of Law in New York, N.Y .
Written in English


  • Copyright -- Droit de suite.,
  • Copyright -- Royalties.

Book details:

Edition Notes

StatementLiliane de Pierredon-Fawcett ; translated from the French by Louise-Martin-Valiquette ; general editor John M. Kernochan.
ContributionsKernochan, John M., Columbia University. Center for Law and the Arts.
LC ClassificationsK1467.8 .P54 1991
The Physical Object
Paginationx, 301 p. ;
Number of Pages301
ID Numbers
Open LibraryOL1457320M
ISBN 100929912012
LC Control Number93112507

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9. LILIANE DE PIERREDON-FAWCETr, THE DRoIT DE SUITE IN LITERARY AND ARTISTIC PROPERTY 32 (Louise-Martin-Valiquette trans., ) ("The droit de suite merges into and combines with the moral right, a personality right, and assumes some of . Literary and artistic property refers to both the direct rights of the author or creator, as well as to accompanying ancillary rights. Therefore, literary and artistic property protects works of the mind, these being original acts of creation which express the author or creator’s personality. Works of the mind are therefore protected in law. Article 14ter: “Droit de suite” in Works of Art and Manuscripts: 1. Right to an interest in resales; 2. Applicable law; 3. Procedure Article Right to Enforce Protected Rights: 1. Where author’s name is indicated or where pseudonym leaves no doubt as to author’s identity; 2. In the case of cinematographic works; 3. In the case of. The sale must involve a professional party or intermediary, such as salesrooms, art galleries and, in general, any dealers in works of art [Art. 1(2)]. The droit de suite does not apply to sales directly between private individuals without the participation of an art market professional, nor to sales by individuals to public museums (para.

addremovekeyboard_arrow_right Les réglementations des professionnels de la santé revues à l’aune des libertés de circulation économiques: l’exemple de la publicité à l’ère du numérique; addremovekeyboard_arrow_right Actualités en droit du numérique; addremovekeyboard_arrow_right Commerce électronique Canada-Union européenne.   The Berne Convention for the Protection of Literary and Artistic Works has included droit de suite since the s and while the enactment of the right is optional for signatories, the recognition of a resale right is increasingly gaining acceptance around the world. In addition to countries in the European Union and the European Economic Area. Two further draft instruments dealt with the protection of news items and droit de suite. The work of the Samedan Committee was cut short by the advent of World War II. Although now largely forgotten today, its influence is seen in developments after in the cases of performers, phonogram producers, and broadcasters, leading up to the. Legislation creating or reinforcing resale royalties for visual artists retains substantial political popularity – particularly in the European Union – despite the often skeptical attitude toward those rights in the economics literature. In this essay, we probe more deeply the affirmative arguments that can be made for a resale royalty right, in either a mandatory or a discretionary form.

This article looks at the droit de suite, which is a legally recognised right that forms part of copyright law and more widely, intellectual property article reviews the present restrictive application of the law, analyses the definition of the “artist” and discusses the merit of a wider interpretation and application of the droit de suite. ADAGP plays a role in protecting the rights of the artists it represents by taking action, where applicable before the courts, to prevent the unauthorised use of their works. More generally, it also plays a role in ensuring that the material and non-pecuniary interests of artists and their beneficiaries are considered, both nationally and internationally.   ARTISTS RESALE RIGHTThe Droit de Suite• Another continental concept – right of artists and estate to receive % of resale price• An economic right but with moral right conceptual underpinnings – is inalienable by artist (except by will/inheritance law)• Inalienable – artist can assign copyright to another but not the right to resale.   According to one study of the droit de suite in France, approximately 70 percent of the royalty payments went to the estates of a handful of famous 20th-century artists, like Picasso.