Features of Legal Regulation of Resale Right in Russia and EU

Responding to the challenges of the modernity, in which the artist is free to express himself and his thoughts independently through his works, there is a need for additional material support for this freedom. There was created a resale royalty right – an author’s right to receive a certain percentage of the resale price of his original visual art work. For the first time, resale royalty right was established in French legislation about a century ago, and then was spread worldwide. Despite the legislative establishment of the resale royalty right in many states, including the entire European Union and the Russian Federation, presently, discussions about its effectiveness do not cease. The purpose of this work is to study the peculiarities of the law regulation of the resale royalty right in Russia and in the European Union. The tasks are to analyze the historical premises for the establishment of the resale royalty right and its chronological development, to study directly its scope in the Russian Federation, the European Union and the member states of the European Union, to identify the defects of legal regulation and to analyze their solutions. Among used methods are historical, systematic, formal-legal methods, method of analysis and synthesis and others. Due to these methods, it became possible to attain to the conclusion that despite the efforts of opponents of the resale royalty right, the relevant institution manages with its functions relatively successful. The fears of states about a possible decline in the share of turnover in the global art market have not been justified. The main problems remain quite high administrative costs and, accordingly, the information problem that causes them, that is the lack of a proper database for authors’ search and their works. Increasing efficiency is possible by improving the corresponding system flaws.