Certain Aspects on the Resale Right and its Collective Management Cover Image
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Unele aspecte privind dreptul de suită şi gestiunea colectivă a acestuia
Certain Aspects on the Resale Right and its Collective Management

Author(s): Mihai Olariu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: resale right; works of plastic; graphic; photographic art; right to information; collective management

Summary/Abstract: The resale right is essentially the possibility for the author of a work of plastic, graphic or photographic art, as well as for his/her heirs, to obtain a pecuniary benefit from successive sales of the work. First established in 1920 in France, the resale right has gradually been recognized in most national laws, as well as in the conventional law. One of the reasons why the resale right is not recognized globally by all countries refers to the practical problems arising upon collection of the amounts related thereto, as well as when exercising the related rights. However, we believe these problems can be solved by appropriate regulations and, in particular, by implementing a consistent collective management system. This study examines the legal nature of the resale right, its content and, in particular, the manner of exercising the resale right and the right to information attached thereto in the context of current European and domestic regulations.

  • Issue Year: 2014
  • Issue No: 2
  • Page Range: 35-49
  • Page Count: 15
  • Language: Romanian