The Resale Right to Original Works of Art in accordance with the Legislation of the European Union

Abstract

The relevance of the research topic is due to the need to study the norms of EU legislation providing for the protection of the rights of authors of works of art. Such a research is necessary and timely given the European integration vector of the further improvement of the copyright legislation in Ukraine. The purpose of  the  article  is  to  study  the current state of protection of authors' rights to works of art under EU law, and to highlight the issues of its application in practice. The study  applies  general scientific (historical, logical, systemic) and legal (comparative legal, logical and legal) methods of scientific knowledge. The article analyses the issues of the harmonisation and unification of the legislation of the EU Member States in accordance with Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art. The author notes the problematic issues arising in the practice in connection with the cross-border resale of an original work of art. Based on the study, the author concludes that the adoption of the EU Directive has ensured an appropriate and effective level of legal protection of authors' rights in terms of granting them the right to receive fair remuneration for the resale of works. However, it was not possible to achieve full unification of the legislation of the EU Member States. It is proved that there is an imbalance in the protection of authors' rights in the resale of an original work of art in the world. It is substantiated that there is a need to address the issue of overcoming cross-border restrictions, in particular, by the adopting an international treaty on the resale right.