Abstract:
Artists resale right (Droit de suite) is the night of an artist to receive a percentage from any resale of the original work of art, subsequent to the first transfer which is one of the authors economic rights that should be provided in the Copyright Act B.E. 2537. Consequently, this research aims to study the problems that will occur or result from the protection of droit de suite in Thailand in order to recommend and be guidelines for enachment in the future. From this research, it is found that to protect droit de suite in Thailand. We shall conside the important problems in various issues; such as the preliminary problems of considering the authorship of work of art, issues of the nature of night related to the person entitled to receive royalties, scope of protection; such as the rate, model of the collecting society, the distribution and duration of claim, problem of following-up the sales by e-commerce, issue of international protection including other problems; such as problem related to renting works of art, issues related to artist and galleries. From the said problems, the researcher would like to recommend the guidelines to protect droit de suite in Thailand; that is, it should be an inalienable right and non- waivable. It should cover the original of work of fine art by collecting from all acts of resale with the participation of an art market professional at 5% of gross sale price and should collect by the central collecting society of artists that is a non-profit organization. To provide the artists right to information be asserted by the collecting society and require the sellers their legal obligation to report the statement of the sales with the proper sanctions. Moreover, the collecting society should distribute a part of royalty fee to the art fund. The duration of claim should be fixed by law clearly. Legal knowledge on IP laws should be given to artists and art market professional together with cooperation from government and private sector. Finally, art trading system and art market should be reformed in order to respond artists resale rights