NATUREZA E FUNCIONAMENTO DO DIREITO DE SEQUÊNCIA NAS OBRAS INTELECTUAIS - DOI: 10.12818/P.0304-2340.2022v80p69

Abstract

This article aims to distinguish between the resale royalties right in intellectual property and the obligation originated from it, that is, the credit of the resale royalties right. It discusses, at first, the nature of the resale royalties right in the light of the systems that welcomes it, proposing the meeting of various explanatory theories in publicist theories, copyright theories and civil law theories. It then points out the distinctive features between the resale royalties right and the credit of them and the shareholding claim with the propter rem obligations. It concludes that the credit of the resale royalties right has a simple civil obligation, waivable and alienable nature, while the resale right has a copyright nature, with hybrid texture, that is, with characteristics of the author's patrimonial and moral right.