Article Instance

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{
    "pk": 60203,
    "title": "The Artist's Resale Royalty Right: Overcoming the Information Problem",
    "subtitle": null,
    "abstract": "The artist's resale royalty right, commonly called the droit de suite,\n \nhas proven politically popular in a diverse range of countries. Since\n \nFrance first codified the right into law in 1920, at least fifty countries\n \nhave followed suit. To date, the United States, with the exception of\n \nCalifornia, has been notably absent from this picture. But a federal\n \nresale royalty law is now on the horizon for American artists. In\n \nDecember 2011, delegates in both the U.S. House of Representatives\n \nand the U.S. Senate introduced the Equity for Visual Artists Act of\n \n2011 (EVAA), a bill which would amend the existing copyright law to\n \ninclude a resale royalty provision.\n \n \nThis Article evaluates whether Congress should adopt the EVAA,\n \nor some other variation of the resale royalty right, and provides\n \nguidance to lawmakers in considering such legislation. Specifically,\n \nthis Article points out that an informational deficit, which it terms the\n \ninformation problem, looms over the resale royalty right. Scholars and\n \nlawmakers must have access to information about sales of artwork in\n \norder to evaluate the effect and efficacy of the right in practice.\n \nLikewise, the structure of the right requires that various parties have\n \naccess to information about sales in order to carry out the requirements\n \nof resale royalty laws. However, secrecy norms pervade the art\n \nmarket, especially in the United States, making such information\n \ndifficult, if not impossible, to come by. This Article considers several\n \npossibilities for how federal lawmakers might overcome, or at least\n \nminimize, this information problem, and concludes that the most\n \npromising scheme would be one that requires parties to disclose\n \nrelevant information through a registration system.",
    "language": "en",
    "license": {
        "name": "",
        "short_name": "",
        "text": null,
        "url": ""
    },
    "keywords": [],
    "section": "Articles",
    "is_remote": true,
    "remote_url": "https://escholarship.org/uc/item/8dh2h496",
    "frozenauthors": [
        {
            "first_name": "Stephanie",
            "middle_name": "B.",
            "last_name": "Turner",
            "name_suffix": "",
            "institution": "",
            "department": ""
        }
    ],
    "date_submitted": "2015-04-25T15:58:45Z",
    "date_accepted": "2015-04-25T15:58:45Z",
    "date_published": "2012-01-01T00:00:00Z",
    "render_galley": null,
    "galleys": [
        {
            "label": "",
            "type": "pdf",
            "path": "https://journalpub.escholarship.org/uclalaw_elr/article/60203/galley/46162/download/"
        }
    ]
}