Research On Artist’s Resale Right

With the rapid development of the artwork auction, the demanding of art tends to be higher than before, our national artistic market is becoming the major industry to promote the development of national economy. Meanwhile, the benefit maldistribution between the creator of the work of art and the art dealers is increasingly apparent in the art market.To prevent the boom in prices of the earlier work of artists monopoly by art dealers, France is the first country defines artist’s resale right with legislation, the regulation, then, is gradually accepted by other countries in Europe.With a long journey of the inception, most countries in Europe begun to emphasize the law, make the imbalances balance correction obtained, to protect the artists. The system of the landmark, therefore, balances the polarization of economic benefits between the artists and the investors to achieve the fair value of the law.Artist’s resale right was written into the copyright law of our country by the way of the bill according to China’s national conditions last year. In this paper, we study the mature legislation of artist’s resale right in other countries to provide reference for China based on the contents and value system of artist’s resale right. It is benefit for the refinement of our existing legislation.To begin with, the debate of feasibility to the implement of artist’s resale right demonstrates that the right is a new feasible system to safeguard artists’ rights progress in China.Then, illustrate the legal basis of artist’s resale right to indicate the right, a requirement of the art market boom and a crucial and a necessary choice protect our country’s art work continuity, is a benchmark realizes the justice value and the fair value of the law.Furthermore, evaluate the legislation status of the countries which setting and enforcing laws relating to artist’s resale right. Because of the distinction in tradition and legislation of the two law systems, the set of regulation is difference in these countries where the mature legislation of artist’s resale right we need to study to provide reference for China.Last but not the least, demonstrate the necessity and feasibility of the structure of artist’s resale right system in China. Based on the legal analysis of the current application situation of artist’s resale right in the two law systems, some reasonable and effective applicable legal suggestions has been made according to China’s national conditions.