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Resale Rights Directive
Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a right under European Union law for artists to receive royalties on their works when they are resold. This right, often known by its French name ''droit de suite'', appears in the Berne Convention for the Protection of Literary and Artistic Works (as Art. 14ter) and already existed in many, but not all, Member States. As a result, there was a tendency for sellers of works of art to sell them in countries without ''droit de suite'' provisions (e.g. United Kingdom) to avoid paying the royalty. This was deemed to be a distortion of the internal market (paras. 8–11 of the preamble), leading to the Directive. Application of the ''droit de suite'' For the ''droit de suite'' to apply, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts European legislation, following a proposal by the European Commission. The Parliament is composed of 705 members (MEPs). It represents the second-largest democratic electorate in the world (after the Parliament of India), with an electorate of 375 million eligible voters in 2009. Since 1979, the Parliament has been directly elected every five years by the citizens of the European Union through universal suffrage. Voter turnout in parliamentary elections decreased each time after 1979 until 2019, when voter turnout increased by eight percentage points, and rose above 50% for the first time since 1994. The voting age is 18 in all EU member states except for Malta and Austria, where it is 16, and Greece, where it is 17. Although the E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of The European Union
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as listed in the Treaty on European Union. It is one of two legislative bodies and together with the European Parliament serves to amend and approve or veto the proposals of the European Commission, which holds the right of initiative. The Council of the European Union and the European Council are the only EU institutions that are explicitly intergovernmental, that is, forums whose attendees express and represent the position of their Member State's executive, be they ambassadors, ministers or heads of state/government. The Council meets in 10 different configurations of national ministers (one per state). The precise membership of these configurations varies according to the topic under consideration; for example, when discussing agri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Directive
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. Justification There are justifications for using a directive rather than a r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Single European Market
The Single European Act (SEA) was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a single market by 31 December 1992, and a forerunner of the European Union's Common Foreign and Security Policy (CFSP) it helped codify European Political Co-operation. The amending treaty was signed at Luxembourg City on 17 February 1986 and at The Hague on 28 February 1986. It came into effect on 1 July 1987, under the Delors Commission. A core element of the SEA was to create a single market within the European Community by 1992, when – it was hoped – the necessary legislative reforms would have been completed. The belief was that in removing non-tariff barriers to cross-border intra-Community trade and investment such measures would provide the twelve Member States a broad economic stimulus. To facilitate their removal, the SEA reformed the Community legislative process both by introducing the cooperation procedure and b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name "Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund and established the European Commission. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royalties
A royalty payment is a payment made by one party to another that owns a particular asset, for the right to ongoing use of that asset. Royalties are typically agreed upon as a percentage of gross or net revenues derived from the use of an asset or a fixed price per unit sold of an item of such, but there are also other modes and metrics of compensation.Guidelines for Evaluation of Transfer of Technology Agreements, United Nations, New York, 1979 A royalty interest is the right to collect a stream of future royalty payments. A license agreement defines the terms under which a resource or property are licensed by one party to another, either without restriction or subject to a limitation on term, business or geographic territory, type of product, etc. License agreements can be regulated, particularly where a government is the resource owner, or they can be private contracts that follow a general structure. However, certain types of franchise agreements have comparable provisions. N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Droit De Suite
''Droit de suite'' ( French for "right to follow") or Artist's Resale Right (ARR) is a right granted to artists or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine, where artists do not have the right to control or profit from subsequent sales. History The ''droit de suite'' was first proposed in Europe around 1893, in response to a decrease in the importance of the salon, the end of the private patron, and to champion the cause of the "starving artist". Many artists, and their families, had suffered from the war, and ''droit de suite'' was a means to remedy socially difficult situations. According to Renaud Donnedieu de Vabres, ''droit de suite'' was created in France following the sale of Millet's 1858 painting, the '' Angélus'', in 1889 at the Secretan sale. The owner of the painting made a huge profit from this sale, whereas the family of the artist live ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Collecting Society
Copyrights can either be licensed or assigned by the owner of the copyright. A copyright collective (also known as a copyright society, copyright collecting agency, licensing agency or copyright collecting society or collective management organization) is a non-governmental body created by copyright law or private agreement which licenses copyrighted works on behalf of the authors and engages in collective rights management. Copyright societies track all the events and venues where copyrighted works are used and ensure that the copyright holders listed with the society are remunerated for such usage. The copyright society publishes its own tariff scheme on its websites and collects a nominal administrative fee on every transaction. Copyright societies evolved out of the need to have an organised body for licensing and managing copyrighted works. Without copyright societies, it would be impossible for users like restaurants, malls and large events to collect licenses from individu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Law Of The United Kingdom
Under the law of United Kingdom, a copyright is an intangible property right subsisting in certain qualifying subject-matter. Copyright law is governed by the Copyright, Designs and Patents Act 1988 (the 1988 Act), as amended from time to time. As a result of increasing legal integration and harmonisation throughout the European Union a complete picture of the law can only be acquired through recourse to EU jurisprudence, On 12 September 2018 the European Parliament approved new copyright rules to help secure the rights of writers and musicians. Background Copyright protection in Britain dates back to the 1556 Charter of the Worshipful Company of Stationers and Newspaper Makers. The Licensing of the Press Act 1662 gave publishers exclusive printing rights, but did not give any rights to authors. Parliament failed to renew the Act in 1694, primarily to remove monopoly and encourage a free press. The modern concept of copyright originated in Great Britain, in the year 1710, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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