Research On The System Of Resale Royalty Right

The system of resale royalty right originated in France. It is a right as a combination of both moral rights and economic rights.Essentially,it refers to the benefit-sharing rights of the original work of creation in subsequent resale.Resale royalty right can be regarded as a mechanism of balancing of interest,it poses double aims including protecting authors’rights and promoting arts and culture development and prosperity.The prosperity art market create a solid social foundation for establishing system of resale royalty right.Construction of Socialist Legal System with Chinese Characteristics,including legal system for art trade,provides an institutional guarantee for resale royalty right. China establishes the system of resale royalty right when the third revision of the Copyright Law. Not only can it perfect the rights under copyright system, but also promote our legal system with international trend.The paper is divided into four parts.The first part introduces the general theory of resale royalty right.On the basis of researching concept,legal attribute and legal relationship,the research concludes that resale royalty right is a mechanism of balancing of interest.The second part comments the legislation of resale royalty right in main nations of world and International treaties.Including Berne Convention,The EN issued directive No.2001/84/EC,France,Germany,Danmark,the U.K.,Australia,the USA and so on.The third part discusses the integration between resale royalty right and the legal system.The research analyzes the combination of resale royalty right and the traditional real right theory,its harmony with the exhaustion of intellectual property rights,and the collective management of resale royalty right.The last part is the feasibility analysis of resale royalty right in China,and put the specific legislative proposals of resale royalty right. Such as the definition and nature of the right,subject and object,acts of resale which the right relates,the threshold and rate of the royalty,terms of protection,the collective management of the royalty and other specific rules.