Re: droit de suite

On Sat, 1 Apr 2000, Jeroen Hellingman <jehe[_at_]kabelfoon.nl> wrote:
>
> On Fri, 31 Mar 2000, Howard Johnson <johnson[_at_]cardiff.ac.uk> wrote:
> >
> > what is so dramatic about this new right apart from the screams of
> > the london auction houses whose practices have recently be shown in
> > some cases to be extremely dubious -- after all every additional
> > copy of a popular book, video etc produces additional royalties for
> > the author over a substantial period and for heirs for a further
> > seventy years -- this is in effect simply giving a payment for the
> > popularity of the picture which in an economic sense cannot be
> > reproduced like a book so to benefit the artist in the future
>
> I don't care whether some people wish to pay ridiculous high prices
> for unique pieces of art, and I am not defending the interests of
> large auction houses, what bothers me is that this undermines the
> concept of exhaustion of copyright, and with that, the whole concept
> of copyright itself. Unlike royalties on *copies* made, which means
> you cannot make copies, this means you cannot even trade copies
> without having to pay a private tax, often to distant relatives, up
> to 70 years after the death of the original creation (this long term
> is also rediculous, and has no justification in the real purpose of
> copyright law, that is to promote creativity).
>
> Even sculpture and painting can be reproduced, although it will remain
> a copy, and large income can be derived from the sale of reproductions
> of popular art already. There is no need to add more to that, and
> destroy the whole balance of power in copyright. If people don't want
> their works to be reproduced for some reason, they should not have the
> income also, because copyright was not meant to limit availability of
> works...

I think there is some confusion here -- the right does not apply to 'copies' as I understand merely to resale of the 'original' and one and only copy -- it is already the case that royalties will be paid on reproductions and once a sale of the poster and postcard etc is made normal exhaustion of rights or first sale principles apply -- here there is simply recognition that one can only have the unique original and giving an artist a share of the pie for the copyright period

howard johnson
cardiff law school
<johnson[_at_]cardiff.ac.uk> Received on Mon Apr 03 2000 - 09:43:16 GMT