미술시장의 비밀 준수 관행 및 추급권의 실효성 확보 방안에 관한 재고

The Study on Secrecy Norms of Art Market and Measures to Secure the Effectiveness of the Artist’s Resale Royalty Right

The artist’s resale royalty right, commonly called the droit de suite entitles artists to share in the proceeds from resales of their works, was first codified into law in France in 1920. Since then, at least seventy countries have followed suit. The right initially attracted mostly civil law countries, which have long recognized various protections, including moral rights, for creative persons. In recent years, however, this right has garnered support in common law countries. This Article illustrates that existing artist’s resale royalty laws assume a world in which certain information is available to various parties, such as sellers, artists, and collecting societies. However, the art world does not meet this description. Secrecy norms pervade the art market, especially in the United States: market players fiercely guard information about art sales—the very information that is necessary for the artist’s resale royalty right to operate effectively in practice. This conflict between law and norms poses significant challenges for various forms of the artist’s resale royalty right. Thus, this Article carefully considers several possibilities for how lawmakers might overcome, or at least minimize, the information problem, including the limitation on the artist’s resale royalty right, the right to request disclosure of information about trades of artworks and the requirement for registration of the artist’s resale royalty right.