미술품재판매보상청구권의 강제적 집중관리 관련 법적 쟁점

• 영문명: The Study on the legal issues over the compulsory management of the resale royalty right under the Art Promotion Act
• 발행기관: 충북대학교 법학연구소
• 저자명: 이동기 박경신
• 간행물 정보: 『법학연구』第34卷 第2號, 467~496쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.12.31

영문 초록

After a long controversy over the pros and cons, the resale royalty right, also known as the ʻdroit de suite,ʼ was eventually introduced in Korea following the enactment of the Art Promotion Act dedicated to supporting the fine arts ecosystem. In relation to the enforcement of resale royalty right, the Art Promotion Act stipulates the collection and distribution of the resale profits should be made through institutions dedicated to the promotion of the art as designated by the Minister of the MCST, or non-profit organizations comprised of individuals entitled to the Artistʼs Resale Right. However, the requirements for designation of the organization executing the resale royalty right, cancellation of designation, details of procedures for collection and distribution of resale royalties, and management fees, etc. should be detailed through the Enforcement Decree. Therefore, it is necessary to prepare detailed regulations and systems to ensure the effectiveness of the resale royalty right during the four-year grace period until the implementation of provisions stipulating the resale royalty right. Accordingly, this paper reviewed the mandatory collective management of the resale royalty right. For this purpose, Chapter 2 reviews related regulations under the Art Promotion Act and examines overseas cases where the resale royalty right has been introduced and implemented. Next, Chapter 3 addresses the legal relationship of the resale royalty right holder and the collective management organization in charge of the collection and distribution of resale royalties and examines the direction of enactment of the Enforcement Decree of the Art Promotion Act related to the enforcement of the resale royalty right and other legal and institutional considerations to ensure the effectiveness of the enforcement of the resale royalty right.

목차

Ⅰ. 서론

Ⅱ. 미술품재판매보상청구권 집행에 대한 비교법적 검토

Ⅲ. 강제적 집중관리에 관련된 법적 쟁점에 대한 검토

Ⅳ. 결론

키워드

추급권 미술품재판매보상청구권 강제적 집중관리 미술저작권 신탁 공법상 사무관리 Droit de Suite Resale Royalty Right Compulsory Collective Management Copyright Trust Management of Artworks Agency without Any Specific Authorization under Public Law