Discussion On The Establishment Of Resale Right In China

According to the State Copyright Bureau released for public comment a Noticeabout the Copyright Law of the People’s Republic of China(The second modifieddraft),which intends to establish Resale Right in the copyright law system inChina.Introduction of Resale Right has become the focus of controversy of theCopyright Law,one of the controversy is the feasibility of establishment of ResaleRight,another one is how to establish it.This paper depends on the wealthy practicalexperience of Resale Right in foreign countries,and the analysis of the developmentof art market of China,to make the analysis of the feasiblity on establishing ResaleRight system in China.In addition,the author base on the principle of Resale Rightand foreign practice experience,combined with China’s specific conditions and makeanalysis on the specific building of Resale Right in China.The literature review section summarized the issue of the academic communityon the establishment of Resale Right system.The introductory section introduces the specific provisions of the State CopyrightBureau issued the proposed system of Resale Right will be established and all thefaced controversy.The first chapter titled "The necessity and value of the establishment ResaleRight system in China ". In this chapter,the Resale Right will be defined,the nature and theoretical basis of the Resale Right system will be analyzed.The authorcombined with the development of China’s social situation,illustrate the need forestablish the system of Resale Right and elaborated the value of the ResaleRight,that is,the positive effect on the development of China’s cultural market.The Second chapter titled "Analysis of feasibility about the establishment of theResale Right system in China".The author in this chapter will analyze andsummarize the feasiblity of establishment of Resale Right system in China,includingthe development of China’s specific national conditions and economic situation hasbeen able to survival of the soil,as well as foreign Resale Right legislation and thestatus of implimentation.The Third chapter titled "The establishment of Resale Right in China".Theauthor in this chapter will make specific building analysis and recommendations ofResale Right.The author believe that the establishment of Resale Right systemshould follow the principle of fairness,conducive to the development of the culturalmarket principles and international protection of the principle of reciprocity.As theResale Right is not transferable,the Subject of Resale Right should include heir butshould not extend to the legatee.The scope of application of Resale Right shouldapplicable to the original value is much higher than the copy works and apply to allforms of art for sale.The Resale Right shall not transfer and abandonment and shallhave the same right to the duration of copyright property rights.Resale Rightinterests shall be extracted in different proportions at different transfer rates and baseon resale price.The management of Resale Right should be carried out by thecollective management organizations,but should not be mandatory collectivemanagement.The conclusion of the full text combing summarize,clear the author attitudeestablished Resale Right system,and recommendations.