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The Law and Economics of Artists' Inalienable Rights

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  • Michael Rushton
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    Abstract

    This paper provides an overview of the economic analysis of inalienability, here defined in the narrow sense of restrictions on whether and how ownership of a right may be transferred to someone else. It then considers three aspects of the laws relating to artists and their works that are subject to some inalienability restrictions: droit de suite, moralrights, and unconstitutional conditions. It is suggested that inalienability restrictions designed to achieve distributional goals are probably misguided, and that although in theory one could derive some efficiency arguments for inalienability rules, in practice it is not clear that they apply to these examples from the laws relating to artists. Copyright Kluwer Academic Publishers 2001

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    File URL: http://hdl.handle.net/10.1023/A:1017503524568
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    Bibliographic Info

    Article provided by Springer in its journal Journal of Cultural Economics.

    Volume (Year): 25 (2001)
    Issue (Month): 4 (November)
    Pages: 243-257

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    Handle: RePEc:kap:jculte:v:25:y:2001:i:4:p:243-257

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    Web page: http://www.springerlink.com/link.asp?id=100284

    Related research

    Keywords: droit de suite; inalienability; moral rights; unconstitutional conditions;

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    1. Hansmann, Henry & Santilli, Marina, 1997. "Authors' and Artists' Moral Rights: A Comparative Legal and Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 95-143, January.
    2. Karp, Larry S. & Perloff, Jeffery M., 1993. "Legal requirements that artists receive resale royalties," International Review of Law and Economics, Elsevier, vol. 13(2), pages 163-177, June.
    3. John Solow, 1998. "An Economic Analysis of the Droit de Suite," Journal of Cultural Economics, Springer, vol. 22(4), pages 209-226, December.
    4. Epstein, Richard A, 1975. "Unconscionability: A Critical Reappraisal," Journal of Law and Economics, University of Chicago Press, vol. 18(2), pages 293-315, October.
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    Cited by:
    1. Melissa Boyle & Debra O'Connor & Stacy Nazzaro, 2008. "Moral Rights Protection for the Visual Arts," Working Papers 0809, College of the Holy Cross, Department of Economics.

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