| The Artist's Resale Rights is the right of artists to share benefits from the resale of the original work, which stems from France and is recognized by more than seventy countries and regions today. The right has been introduced to China by government in 2012 with the legal modification of Copyright Law of the People's Republic of China to comply with international trends and international conventions, which has its own character, but it is not the personal right of the book, but the special property right. The resale right system guarantees that visual artists share the legitimate rights and interests of the original resale proceeds, correct the inequality in the use of works by groups of artists and other writers, fit the moral value of civic solidarity and encourage the creation of art. The establishment of the system will not have a negative impact on the art market, and our country is equipped with the basis of market, policy and legal, so it is of feasibility to institute the system. On the basis of comparative analysis of foreign legislative cases,this paper argues that the establishment of the system should adopt a nested legislative model, which will be placed within the copyright law and independent of the property rights in a work and the personal rights of a work. The object of the rights is visual artworks except works of art,reproduction of works, manuscripts and samples of art works,avoiding excessive expansion of the right. The subject of the rights excludes devisees and the resale proceeds extract from the proceeds that art market professionals participate. Besides, it should set a reasonable base amount and chooses a fixed model of the calculation standards of the resale proceeds to ensure the realization of the balance of interests in the system of the right to pursue. The author puts forward some suggestions about the legislative model of the resale rights, the elements of the resale rights and the rules of resale proceeds in our country. |
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