Edited by Daniel J. Gervais
Chapter 4: Fairness vs. welfare in the discussion of copyright laws and policies: royalties for the resale of artworks as a case study
Resale royalties for authors of original artworks (droit de suite) provide an interesting case study to discuss interactions between fairness and maximization of social welfare within the realm of copyright law. On the one hand, resale royalties have been advocated and finally established by resorting to notions of fairness and distributive justice for visual artists and their heirs; on the other hand, they have been fiercely criticized from a traditional law and economics perspective as inefficient and not welfare enhancing. After comparing the explanatory advantages of both perspectives to analyze rules on resale royalties such as in Europe, Directive 2001/84/EC of 27 September 2001, this chapter addresses how more recent economic approaches have explored fairness preferences, reciprocity, and altruistic behavior. It also discusses how they have integrated distributive justice concerns into behavioral models. These more refined models can offer a more accurate account of copyright laws and policies in terms of both descriptive and predictive power.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.