Fulfilling the Right to Follow: Using Blockchain to Enforce the Artist's Resale Right

Cardozo Arts & Entertainment Law Journal (Volume 39 Issue 1), 2021

31 Pages Posted: 7 Jul 2021

See all articles by Zhao Zhao

Zhao Zhao

affiliation not provided to SSRN; World Intellectual Property Organization (WIPO)

Date Written: 2019

Abstract

Visual artists in countries that do not recognize the artist’s resale right are at an economic disadvantage, while some countries that recognize the right experience practical difficulties in identifying and tracking resales that are subject to royalty payments for artists. As blockchain technology becomes increasingly applied to the creative industries, the full extent of its potential in enforcing droit de suite by improving the traceability of physical artwork has yet to be realized. Blockchain can be an effective mechanism for enforcing the artist’s resale right as an alternative to collective management organizations. Through an analysis of the ability of blockchain to ensure transparency, accountability, and good governance, this Article provides recommendations on the use of blockchain technology to enforce droit de suite for indigenous artists. The application of blockchain technology in the creative sector would contribute to economic, social, and cultural development in the context of digital trade. The conclusions of this Article on the implications of blockchain for visual artists should be of interest to policymakers engaged in both ongoing negotiations concerning droit de suite at the international level and copyright management at the national level.

Keywords: blockchain, artist's resale right, copyright, traditional cultural expressions (TCEs), resale royalties, blockchain technology, droit de suite, intellectual property, creative industries, art law, visual art, indigenous artists

Suggested Citation

Zhao, Zhao and Zhao, Zhao, Fulfilling the Right to Follow: Using Blockchain to Enforce the Artist's Resale Right (2019). Cardozo Arts & Entertainment Law Journal (Volume 39 Issue 1), 2021, Available at SSRN: https://ssrn.com/abstract=3871892

Zhao Zhao (Contact Author)

World Intellectual Property Organization (WIPO)

34, chemin des Colombettes
CH-1211
Switzerland

affiliation not provided to SSRN

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