Research Handbook on Copyright Law
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Research Handbook on Copyright Law

Second Edition

Edited by Paul Torremans

This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.
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Chapter 9: Does only compulsory collective management guarantee that an author actually receives his resale right?

Hendrik Vanhees

Abstract

Can the Resale Right Directive ensure that authors of works of graphic or plastic art can share in the economic success of their works? The exercise of the resale right was not harmonized by this directive. This contribution proves that it is ultimately irrelevant to ensure authors the payment of their resale right if a system of compulsory or optional collective management is provided. To ensure that authors can share in the economic success of their works of graphic and plastic art it is, however, necessary that the resales giving rise to the payment of the resale right become known by authors and collecting societies managing the resale right. Keywords: Resale right, harmonization, exercise, optional collective management, compulsory collective management

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