독일저작권법상 추급권에 관한 연구

• 영문명: A Study on the artist's resale right in the German Copyright Act
• 발행기관: 세창출판사
• 저자명: 계승균(Seung-Kyoon Kye)
• 간행물 정보: 『창작과 권리』2007년 가을호 (제48호), 180~201쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.01

영문 초록

The Artist's resale right or resale royalty right, in German Folgerecht, is provided in the German Copyright Act unlike the Korean Copyright Act. In the present day, the resale royalty right is being considered to prescribe in the Korean Copyright Act because of the FTA negotiation between Korea and the European Union. According to the German Copyright Act, if the original of a work of fine art is resold and if an art dealer or an auctioneer is involved as purchaser, vendor or agent, the vendor shall pay to the author a share amounting to a percentage to the selling price. There shall be no such obligation if the selling price is less than 400 EURO. The Author may not waive his right to his share in advance. The reslae royalty right is inalienable. The expectancy may not be enforced; any dispostion of the expectancy shall be without legal effect. The author may require an art dealer or auctioneer to provide information on the originals of the author's works that have been resold through the intermediary of the art dealer or auctioneer during the last calendar year having elapsed prior to the request for information. Where necessary to assert his claim against the vendor, the author may require the art dealer or auctioneer to provide information on the name and address of the vendor and the amount of the selling price. The art dealer or auctioneer may refuse information on the name and address of the vendor if he pays the share due to the author. The claims may only be asserted through a collecting society. Where there exists reasonable doubt as to the accuracy or completeness of the information provided in accordance with paragraphs (4) or (5), the collecting society may demand that access to the account books or to other documents be granted, at the choice of the party obliged to provide the information, either to the collecting society or to a chartered accountant or sworn auditor designated by that party, to the extent that this is necessary to ascertain the accuracy or completeness of the information. Where the information is found to be inaccurate or incomplete, the party obliged to provide the information shall pay the cost of the examination. The claims of the author shall expire after 3 years. The foregoing provisions shall not apply to architectural works and works of applied art. The resale royalty payable on the sale of a work shall be the sum of the following amonts, being percentage amounts of consecutive portions of the sale price - However, the total amount of royalty payable on the sale shall not in any event exceed 12,500 euro. The artist's resale right was first provided in France in 1920. In the major international copyright treaty, the Berne Convention, in 1948, this right was also included, but it is optional.

목차

Ⅰ. 서언

Ⅱ. 독일저작권법의 추급권 조항

Ⅲ. 추급권의 내용

Ⅳ. 결어

참고문헌

Abstract

키워드

독일저작권법 추급권 미술저작물 경매 미술품 거래 The German Copyright Act resale right resale royalty right fine art auction Folgerecht