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The Law and Economics of Artists' Inalienable Rights

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  • Michael Rushton

Abstract

This paper provides an overview of the economic analysis of inalienability, here defined in the narrow sense of restrictions on whether and how ownership of a right may be transferred to someone else. It then considers three aspects of the laws relating to artists and their works that are subject to some inalienability restrictions: droit de suite, moralrights, and unconstitutional conditions. It is suggested that inalienability restrictions designed to achieve distributional goals are probably misguided, and that although in theory one could derive some efficiency arguments for inalienability rules, in practice it is not clear that they apply to these examples from the laws relating to artists. Copyright Kluwer Academic Publishers 2001

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  • Michael Rushton, 2001. "The Law and Economics of Artists' Inalienable Rights," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 25(4), pages 243-257, November.
    • Handle: RePEc:kap:jculte:v:25:y:2001:i:4:p:243-257
    DOI: 10.1023/A:1017503524568
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    References listed on IDEAS

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    1. Karp, Larry S. & Perloff, Jeffery M., 1993. "Legal requirements that artists receive resale royalties," International Review of Law and Economics, Elsevier, vol. 13(2), pages 163-177, June.
    2. Richard A. Easterlin, 1992. "Analysis," Challenge, Taylor & Francis Journals, vol. 35(4), pages 51-53, July.
    3. Epstein, Richard A, 1975. "Unconscionability: A Critical Reappraisal," Journal of Law and Economics, University of Chicago Press, vol. 18(2), pages 293-315, October.
    4. George A. Akerlof, 1970. "The Market for "Lemons": Quality Uncertainty and the Market Mechanism," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 84(3), pages 488-500.
    5. John Solow, 1998. "An Economic Analysis of the Droit de Suite," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 22(4), pages 209-226, December.
    6. Hansmann, Henry & Santilli, Marina, 1997. "Authors' and Artists' Moral Rights: A Comparative Legal and Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 95-143, January.
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    Cited by:

    1. Melissa Boyle & Stacy Nazzaro & Debra O’Connor, 2010. "Moral rights protection for the visual arts," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 34(1), pages 27-44, February.
    2. Michael Rushton, 2011. "Artists’ Rights," Chapters, in: Ruth Towse (ed.), A Handbook of Cultural Economics, Second Edition, chapter 8, Edward Elgar Publishing.
    3. Francesco Angelini & Massimiliano Castellani & Pierpaolo Pattitoni, 2023. "You can’t export that! Export ban for modern and contemporary Italian art," European Journal of Law and Economics, Springer, vol. 56(3), pages 533-557, December.
    4. Ruth Towse, 2008. "Why has cultural economics ignored copyright?," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 32(4), pages 243-259, December.
    5. Julia M. Puaschunder, 2024. "On the Law and Economics of Arts: A Research Proposal," Scientia Moralitas Conference Proceedings 01280, Research Association for Interdisciplinary Studies.
    6. Ruth Towse, 2006. "Copyright And Artists: A View From Cultural Economics," Journal of Economic Surveys, Wiley Blackwell, vol. 20(4), pages 567-585, September.

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