Hasanuddin Law Review
VOLUME 11 ISSUE 2, AUGUST 2025

The Artist’s Resale Right: Global Perspectives and Vietnam’s Path to Protection under the EVFTA

Tuan, Tran Anh (Unknown)
Kien, Tran (Unknown)



Article Info

Publish Date
27 Jul 2025

Abstract

The artist’s resale right, enabling visual artists to receive royalties from secondary market sales, is a pivotal intellectual property mechanism with varied global adoption. This article traces its historical evolution from early 20th-century legislation to its inclusion in international frameworks, contrasting the European Union and United Kingdom’s harmonized approaches with the United States’ rejection due to differing copyright philosophies. It examines the resale right provisions in a new-generation free trade agreement, analyzing Vietnam’s current legal gap under its intellectual property framework and the feasibility of incorporation. The article evaluates arguments for and against the resale right, highlighting its role in promoting artist equity and creative incentives against concerns of market distortion and administrative burdens. It argues that Vietnam should adopt the resale right to align with global standards, proposing solutions to legal, cultural, economic, and political challenges. This analysis offers insights for jurisdictions navigating intellectual property integration in trade agreements.

Copyrights © 2025






Journal Info

Abbrev

halrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Hasanuddin Law Review (Hasanuddin Law Rev. - HALREV) is a peer-reviewed journal published by Faculty of Law, Hasanuddin University. HALREV published three times a year in April, August, and December. This journal provides immediate open access to its content on the principle that making research ...