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Vanhees, Hendrik --- "Does only compulsory collective management guarantee that an author actually receives his resale right?" [2017] ELECD 1298; in Torremans, Paul (ed), "Research Handbook on Copyright Law" (Edward Elgar Publishing, 2017) 234

Book Title: Research Handbook on Copyright Law

Editor(s): Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785361425

Section: Chapter 9

Section Title: Does only compulsory collective management guarantee that an author actually receives his resale right?

Author(s): Vanhees, Hendrik

Number of pages: 20

Abstract/Description:

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