Money and Soul －Refining Considerations to Legalize Droit de Suit in Korea－
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
As in the experiences of other international and domestic legislations around the world, legalizing droit de suite (artists’ resale royalty right) in Korea has been a controversial issue. When the EU proposed in the course of Korea-EU FTA negotiations that Korea adopt this right, many artists welcomed this proposed legislation while distributors opposed it. The issue is still pending and the need to establish Korea’s position on this issue is growing rapidly as the Agreement becomes effective. Adopting droit de suite requires comprehensive, multifaceted deliberations. These same deliberations will also contribute to the implementation of the right if it will be accepted in the Korean legal system. While it is likely that droit de suite will eventually be integrated into the Korean legal system due to the call to respect copyrights and the international trend of harmonizing legal systems, from the economic or sociological point of view it does not seem sufficient studies have been done on this issue. Gaining an accurate understanding of the art field is also an imperative, since droit de suite is an artist-centered right
Abstract
As in the experiences of other international and domestic legislations around the world, legalizing droit de suite (artists’ resale royalty right) in Korea has been a controversial issue. When the EU proposed in the course of Korea-EU FTA negotiations that Korea adopt this right, many artists welcomed this proposed legislation while distributors opposed it. The issue is still pending and the need to establish Korea’s position on this issue is growing rapidly as the Agreement becomes effective. Adopting droit de suite requires comprehensive, multifaceted deliberations. These same deliberations will also contribute to the implementation of the right if it will be accepted in the Korean legal system. While it is likely that droit de suite will eventually be integrated into the Korean legal system due to the call to respect copyrights and the international trend of harmonizing legal systems, from the economic or sociological point of view it does not seem sufficient studies have been done on this issue. Gaining an accurate understanding of the art field is also an imperative, since droit de suite is an artist-centered right
참고문헌 (34)
- Ricketson, Sam, "International Copyright And Neighbouring Rights" (2006)
- Lerner, Ralph E., "Art Law: The Guide for Collectors, Investors, Dealers & Artists" (2005), Practicing Law Institute
- Goldstein, Paul, "Internatinoal Copyright" (2010)
- Lewinski, Silke von, "International Copyright Law And Policy" (2008)
- Ragan, Mira T. Sundara, "Moral Rights" (2011)
- Huh, Young, "Korean Constitutional Law" (2009), Pakyoungsa publishing co
- Becker, Howard S., "Art Worlds" (2008), University of California Press
- Best Poll, "A survey on Current Status on Understanding Droit de Suite" (2011), Korea Copyright Commission
- Korea Arts Management Service, "Survey on the Art Market, Ministry of Culture, Sports and Tourism" (2009), Korea Arts Managements Service
- Siegel, Neil F., "The Resale Royalty Provisions of the Visual Artists Rights Act : their history and theory", Dickinson Law Review, (Fall) (1988)
- Reddy, Michael B., "The Droit de Suite : Why American Fine Artists Should Have the Right to a Resale Royalty", Loyola Los Angeles Entertainment Law Journal (1995)
- Pfeffer, Jennifer B., "The Cost and Legal Impracticalities Facing Implementation of the European Union’s Droit de Suite Directive in the United Kingdom", Northwestern Journal of International Law, (Winter) (2004)
- Frazier, Jimmy A., "On Moral Right, Artist-Centered Legislation, and the Role of the State in Art Worlds : Notes on Building a Sociology of Copyright Law", Tulane Law Review (1995)
- New York International Law Review, "Fine Artists’ Resale Royalty Right Should Be Enacted in the United States", New York International Law Review, Summer, (Summer) (2005)
- Hastings Communications and Entertainment Law Journal, "Droit de Suite : The Artist’s Right to A Resale Royalty", Hastings Communications and Entertainment Law Journal, Summer, (Summer) (1993)
- Kim, Won-oh, "Current Legislation Trends on the Resale Right in EU and Its Member States", Copyright Quarterly, (Autumn) (2007)
- 남영숙, "한-EU FTA 협상의 저작권 논의에 관한 소고", 계간 저작권, 21(2), pp.4~18 (2008), 한국저작권위원회
- 이동기, "유럽의 추급권 제도 운영과 우리나라에의 도입 여부에 관한 연구", 계간 저작권, 22(1), pp.47~71 (2009), 한국저작권위원회
- "Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886", ~ (1886)
- "Free Trade Agreement between the republic of Korea, of the one part, and the European Union and its Member States, of the other part", ~
- "Directive 2001", 84, pp.2001, ~
- "European Communities (Artists Resale Right) Regulations 2006 S.I. No. 312 of 2006", ~ (2006)
- "California Civil Code Section 986", ~
- Phil Collins, "Court of Justice of the European Communities October 20, 1993, C-92", 92 and C-362, pp.1993, ~
- "European Visual Artists, Dorit de Suite Management in the EU" (2004)[URL]