Choice-Of-Law Rules for Droit De Suite: The German Model.
Art Antiquity & Law 2010, April, 15, 1
Art Antiquity & Law
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I. INTRODUCTION Cross-border resales of works of art have always raised complex issues in respect to the applicable law when it comes to the question of which law governs the artist's resale right. (1) The EC Directive on the Artist's Resale Right (2) that was to be implemented by the Member States before 1st January 2006 (3) aims to "meet the need for providing creators with an adequate and standard level of protection" (4) and to remove "distortions of competition as well as displacement of sales within the Community" (5) that arise from "disparities with regard to the existence of the resale right and its application by the Member States [which] have a direct negative impact on the proper functioning of the internal market". (6) It is unsettled whether these aims deserve support. (7) It is further unsettled whether the Directive does in fact achieve its aims because it leaves several options to the Member States for implementation in crucial issues of the resale right: the scope of application, (8) the persons liable to pay the resale royalty (9)-- an issue currently being litigated in France, (10) the amount of the minimum threshold, (11) the rates (12) and the management of the royalty. (13) In addition, the European Court of Justice, in its first judgment on the Directive, (14) has held that the Member States may decide which categories of persons may have a claim for a royalty from an artist's resale right after the artist has died.
- 2,99 €
- Category: Performing Arts
- Published: 01 April 2010
- Publisher: Institute of Art and Law
- Print Length: 26 Pages
- Language: English