Droit De Suite Down Under: Should Australia Introduce a Resale Royalties Scheme for Visual Artists?

U of Melbourne, Legal Studies Research Paper No. 115

Media & Arts Law Review, Vol. 1, No. 10, 2005

25 Pages Posted: 25 Mar 2005

See all articles by Emily Hudson

Emily Hudson

King's College London – The Dickson Poon School of Law; T.C. Beirne School of Law, University of Queensland

Sophie Waller

University of Melbourne - Law School

Abstract

A droit de suite entitles visual artists and their heirs to receive a royalty from the resale of certain works of art. Recently, there have been calls for Australia to introduce a resale royalty right into the Copyright Act. However, academic commentary and empirical research question whether resale royalties achieve their stated aims. In particular, evidence demonstrates that resale royalties tend to accrue to established artists and their heirs, providing little or no financial benefit to the vast majority of artists. This paper discusses whether Australia should introduce a droit de suite and considers other alternatives to such a scheme.

Keywords: droit de suite, Australia, resale, royalties, visual artists

JEL Classification: K00, K11

Suggested Citation

Hudson, Emily and Waller, Sophie, Droit De Suite Down Under: Should Australia Introduce a Resale Royalties Scheme for Visual Artists?. U of Melbourne, Legal Studies Research Paper No. 115; Media & Arts Law Review, Vol. 1, No. 10, 2005. Available at SSRN: https://ssrn.com/abstract=690001

Emily Hudson (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

T.C. Beirne School of Law, University of Queensland ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Sophie Waller

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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