Visual Artists Royalty Rights

A visual artist’s royalty rights on resale (or droit de suite) is only recognized in some countries, but momentum is building to make this right a universal one and it is about time. Artists’ heirs and families many times are very engaged in the artist’ work long after the artist dies. Interesting, the issue first came to a head when Millet sold the Angelus for the equivalent of $100 and it was resold a few years later for the equivalent of $15k and Millet’s family received nothing. France is now one of the few countries with an established resale royalty mechanism.

Further Reading: No More Starving Artists: Why the Art Market Needs a Universal Artist Resale Royalty Right.

Legal Privilege and International Arbitration Issue

Consider a US company in a cross-border dispute with a French company, for example, having possibly different privilege rules and in a dispute seated, say, in London. A conflict of privilege rules should lead to a most favored nation approach so as to treat both parties on equal footing, in the absence of Institutional rules on this subject.

It’s likely the Institutions should deal with this issue to simplify the process.

– Posted first on LinkedIn 20th June 2017

ECJ Decision Singapore/EU Trade Deal

The ECJ decision on Tuesday on the Singapore/EU trade deal that each member of the bloc, and their appropriate parliaments, must sign off on two aspects of the deal including the investor dispute settlement mechanism, complicates investment arbitration in EU deals and perhaps, more important, the entire Brexit process and future trade deals with the UK and the bloc.

– Posted first on LinkedIn 12th June 2017