Research On Resale Royalty Right

Resale royalty right is copyright which allows author, the heir or legal authority to sharea certain amount of the proceeds when the art dealers resale the work of art in the work ofprotection period. The nature of the resale royalty right is both of personal and propertycharacteristics. And the resale royalty right is a subordinate concept of copyright. The rightoriginated in France, recognized in the "Berne Convention", and recognized and implementedall over the world. China has not implied the resale royalty righ, but the latest draftamendment of Copyright Law in China brought the right into the system of copyright. In thetheoretical research field, intellectual property scholars such as Zheng Chengsi had study onthe concept, nature and theoretical basis of the right in the early1990s which laid the solidfoundation of right’s conclusion and implementation in China. The paper relied on thelegislation as the opportunity, combined with the foreign legislation, practical experience andresearch, made a research on Chinese legal system and proposed the details in Chinese resaleroyalty right. The paper also put the theoretical research into practice. The first part focusedon the conception of the right, the nature and the characteristics. The second part made acomparative study on the legislation and implementation, and summarized the advancedexperience. The third part demonstrated the feasibility and necessity of the implementation ofChinese resale royalty right system. The implementation of resale royalty right system hasfar-reaching theoretical and practical significance which makes the copyright system morecomplete, encourages artists’ creative enthusiasm and balances benefit assignment in the artmarket.