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Royalties for Artists versus Royalties for Authors and Composers

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  • Henry Hansmann
  • Marina Santilli

Abstract

Legislation creating or reinforcing resale royalties for visual artists retains substantial political popularity – particularly in the European Union – despite the often skeptical attitude toward those rights in the economics literature. In this essay, we probe more deeply the affirmative arguments that can be made for a resale royalty right, in either a mandatory or a discretionary form. We also compare the rationale for visual artists' resale royalties with the potential rationales for the now-well-established systems of royalty rights for authors and composers. This comparison has particular interest both because some of the principal arguments made against visual artists' resale royalties also apply to authors' royalties, and because the economic rationale for compensating authors with royalties has itself not been well explored. We also discuss briefly the related subject of display rights for visual artists. We conclude with some general implications for policy. Copyright Kluwer Academic Publishers 2001

Suggested Citation

  • Henry Hansmann & Marina Santilli, 2001. "Royalties for Artists versus Royalties for Authors and Composers," Journal of Cultural Economics, Springer;The Association for Cultural Economics International, vol. 25(4), pages 259-281, November.
    • Handle: RePEc:kap:jculte:v:25:y:2001:i:4:p:259-281
    DOI: 10.1023/A:1017923625973
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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. Filer, Randall K, 1986. "The "Starving Artist"-Myth or Reality? Earnings of Artists in the United States," Journal of Political Economy, University of Chicago Press, vol. 94(1), pages 56-75, February.
    3. 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.
    4. 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.
    5. Hansmann, Henry & Kraakman, Reinier, 1992. "Hands-Tying Contracts: Book Publishing, Venture Capital Financing, and Secured Debt," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(3), pages 628-655, October.
    6. repec:bla:kyklos:v:52:y:1999:i:3:p:369-90 is not listed on IDEAS
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    Cited by:

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    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. 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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