The Digital Media Project

Source

Philip Merrill

Title

TRU #41 of respect for resale royalties terms and conditions

No.

040511merrill03

 

Name:

Philip Merrill

Affiliation/additional information:

Active Contributor, Pasadena, California

Date submitted:

2004/05/11

 

#

Criteria

Description

1.

Name of TRU

Right of respect for resale royalties terms and conditions

2.

Summary description of TRU

Part of the trio covering what users and consumers are bound by - in terms, conditions and legal liability - when transactions are made by sale, performance or resale. In this case of resale, actual instances are rare and normally confined to French droit de suite legislation or else transactions of fine art that have dramatically increased in value, to which some countries hold an artist entitled to a small percent of the sales price.

3.

Use records of TRU

This has been a pretty rare thing in the analogue world, and yet it is a recognized entitlement for certain types of transactions, such as the sale of fine art that has dramatically increased in value.

4.

Nature of TRU

Not one of the best enforced TRUs partly because it is generally confined to very limited areas and types of transactions. Nonetheless. it has been successfully enforced, and it is important for DMP because so many distribution DMBMs can be modeled based on it.

5.

Benefits of TRU

Digitally, it can benefit any creator. More traditionally, it benefits famous painters who sold paintings cheap back when they were "starving artists".

6.

Possible digital support

Many DMBMs can be based on creators receiving a stipulated "cut" of future exchanges such as resales, lending and even giving (gifts over the DMP DRM platform should be capable of generating revenue for creators).

7.

Requirements

DMP DRM shall support the straightforward communication of terms and conditions (a knowing, consensual agreement) pertaining to the user's use of digital media content.