This article presents a critical examination of the proposed implementation of the Resale Royalty Right (RRR) within the visual arts industry, considering not only its moral foundations but also its implications for property rights, freedom of contract, and the structure of the art market. While RRR is often presented as a mechanism that allows artists to share in the financial appreciation of their works after the initial sale, the article questions whether the continuing creative connection between an artist and an artwork should necessarily translate into an ongoing economic claim once physical ownership has been transferred.
This article presents a critical examination of the proposed implementation of the Resale Royalty Right (RRR) within the visual arts industry, considering not only its moral foundations but also its implications for property rights, freedom of contract, and the structure of the art market. While RRR is often presented as a mechanism that allows artists to share in the financial appreciation of their works after the initial sale, the article questions whether the continuing creative connection between an artist and an artwork should necessarily translate into an ongoing economic claim once physical ownership has been transferred.
The discussion also considers the complex process through which artistic value is created, involving not only the artist but also galleries, collectors, curators, institutions, critics, and the market itself. From this perspective, the article emphasises that owners also assume the risk of financial loss and, under principles of lawful ownership and voluntary exchange, may have a legitimate claim to the economic benefits arising from the assets they own.
Within the Malaysian context, the article argues that more pressing inequalities may occur at the point of the initial sale, including low starting prices, weak bargaining power among artists, limited market access, and opaque gallery structures. RRR may therefore address the consequences of value appreciation without necessarily resolving the underlying conditions that shape an artist’s economic position from the outset.
As an alternative, the article considers a contract-based approach in which future royalty arrangements may be voluntarily negotiated between artists, galleries, and buyers. Overall, it calls for any proposed RRR framework to be assessed carefully in terms of fairness, effectiveness, compatibility with property rights, and the practical realities of Malaysia’s evolving visual arts ecosystem.
Read original article here : https://senimalaya.com/apabila-seni-menjadi-aset-antara-hak-pencipta-hak-pemilik-resale-royalty/
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