On The Legal Construction Of The Right Of Pursuit

The world’s art market is growing rapidly and showing a boom.In this context,the system of the right to pursue renewal is generally established in order to solve the unequal status of art creators and balance the great difference between them and investors.Since France first established the system of the right to pursue the right to pursue,with the integration of international intellectual property,more and more countries have introduced and developed the system.Many valuable theoretical achievements have been created by scholars from different countries,which are worthy of our reference.At present,the right of the copyright law of droit formal rules and no relevant laws and regulations,but in the modification have been mentioned in the draft,move the our country has begun to pay attention to the system.In view of this,the author makes a point of his own views on the draft of the system.The article consists of four parts.The first part explains the background and significance of the topic,and expounds the present situation of the research at home and abroad.Two innovative points are proposed,on the one hand,it is proposed to remove the legatee in the revision of the copyright draft;On the other hand,it is necessary to establish and improve relevant supporting system.The second part summarizes the definition of the right of renewal,explains its legal characteristics,and analyzes the theoretical basis of the right of renewal.In this paper,the author makes an in-depth study on the theory of human rights,the theory of property rights,and the comprehensive theory,and expounds the nature of the right to pursue the right to pursue the right of compensation.It is different from the author’s right of human body and the property right.The realization of this right depends on the resale of the works and profits,which is the right that the right person should enjoy,so it is entitled to a claim for compensation.In addition,the necessity and feasibility of establishing the system of the right to pursue renewal are explored.In the third part,through the analysis of the system of the foreign right of succession,it is mainly the international convention and the relevant regulations of the European Union,to understand the setting of the system in different countries.Comparative study on the specificlegislation of France,Germany,Britain and other countries,drawing on the advanced legislative experience of practice test.In the fourth part,the author puts forward some Suggestions on the legislation construction of the system.In this paper,the author makes a deep analysis of the structure of the system of the right to pursue the right,and studies the subject,object of rights,mode of exercise,duration of protection,share of interest extraction,etc.It is clear that the author and his successor should not include the legatee’s viewpoint,which should be the subject of the right of renewal.Whether the manuscripts of art works,architectural works,writers and composers belong to the object of the right of renewal is discussed respectively.In view of the art by social recognition is a relatively long process,so the author in the article proposed to extend protection to seventy years after the death of the author,so as to better protect the rights and interests of the creator.In addition,it is suggested to set up a system of collective management,art transfer registration system and information acquisition system,so as to make the right of follow-up more operable.Is the main focus of the creator’s artistic creation,if the creator himself to exercise the right of droit,specific operation up is a waste of time and effort and reach a good effect,so it is necessary to establish relevant supporting system to provide convenience for the creator,make the maintenance of rights and interests of creators have reality.Can the author thinks that the collective management organizations to exercise their rights,and by the organization to deal with the resale of art to register and access to information and other related matters,can achieve professional institutions professional,so art creators rights can be better realized,so as to put more effort into creation.