Study On The Legislation Of Artist’s Resale Right

Recently, The legislation of Artist’s resale right is a hot topic in the field of art and law.In the year of 2014,A draft amendment to the copyright law in China brought the right into the system of copyright;which has stirred much controversy. At the same year, legislators of the United States congress also pass the law: American Royalties Too act. a bill which would give artists a 5 percent cut of the profits when their works are resold at auction.In 1920,Artist’s Resale Right was first created in France,which primary aim is to give the artist a support to relif the sorrow of artist,narrow the gap of live and death and avoid the a sorrow type of Miller.The ultimate goal is to make balance between the interests of artists and art dealer.This paper mainly using comparative study method, the method of literature analysis and method of theory analysis to finish.This paper mainly includes the following four aspects:The first part,the paper begins with basic knowledge of artist’s resale right. introduces the concept of right of artist’s resale right, legal attribute and characteristics,which lay theoretical foundation for the later discussion.The second part,the paper introduce the artist’s resale right in other major countries and then make a comparison of the right of droit de suite of the two legal systems.and provide reference for our country to introduce this system.The third part mainly tries to introduced into the necessity and feasibility of droit rights from the incentive mechanism of copyright law construction, the legitimacy of utilitarianism, law and economics, and social material to analysis our country copyright field.The fourth part mainly analysis the China’s specific national conditions, consider how droit right system into the law, and puts forward the corresponding legislation how to perfect the related system design, right of droit insights.