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Cardozo Arts & Entertainment Law Journal

Abstract

Visual artists in countries that do not recognize the artist's resale right are at an economic disadvantage, while some countries that recognize the right experience practical difficulties in identifying and tracking resales that are subject to royalty payments for artists. As blockchain technology becomes increasingly applied to the creative industries, the full extent of its potential in enforcing droit de suite by improving the traceability of physical artwork has yet to be realized. Blockchain can be an effective mechanism for enforcing the artist's resale right as an alternative to collective management organizations. Through an analysis of the ability of blockchain to ensure transparency, accountability, and good governance, this Article provides recommendations on the use of blockchain technology to enforce droit de suite for indigenous artists. The application of blockchain technology in the creative sector would contribute to economic, social, and cultural development in the context of digital trade. The conclusions ofthis Article on the implications of blockchain for visual artists should be of interest to policymakers engaged in both ongoing negotiations concerning droit de suite at the international level and copyright management at the national level.

Disciplines

Contracts | Entertainment, Arts, and Sports Law | Intellectual Property Law | Law | Science and Technology Law

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