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On The Construction Of China's Resurgence System

Posted on:2018-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2356330515479539Subject:Law
Abstract/Summary:PDF Full Text Request
The resale royaltyright was first established in France,which pri mary aim was to protect theinterests of artists and balance the inter ests between artists and art investors.At present,more than 80 countr ies have established it around the world.Resale royalty right was int roduced in the draft amendment of Copyright Law in 2014.In fact,t he introduction of resale royalty right is a historical necessity.As a new legal system introduced,the issues of resale royalty right made a heated debate.Besides,there are many problems worth exploring e xcept resale royalty in terms of specific content,basic structure,etc.W ith the development of the Chinese copyright law system and the maturity of the collective management organizations,the constructio n of the system of follow-through rights has the legislative foundati on and institutional guarantee.Building resale royalty right system,n ot only can improve the copyright legislation system in our country,protect the interests of art creators,but also can maintain the healt hy development of the art market,enhance the international competi tiveness of China’s culture and art.As resale royalty right system a ll of the necessary legislative environment,economic conditions,gra dually improve institutional guarantee and other supporting mechanism,building resale royalty right system in our country the time is ri pe.Introduced from the western countries as a kind of new system,we need a comprehensive analysis of the basic rules of the system,draw lessons from foreign related system but also the practical ex perience,combining our country’s current economy and the level of copyright protection,determine the resale royalty right system in p ractice in our country.This paperstarts from the basic content of resale royalty right s ystem,expounding the definition of resale royalty right,the rationali ty of the existence,through comparingthe foreign legislative proposa ls,analyzing the necessity and feasibility of the construction of resa le royalty right in China,in the framework of the thirddraft amendm ent of Copyright Law to build the basic rules of resale royalty righ t,and provide reference for the construction of resale royalty right s ystem in our country.
Keywords/Search Tags:resaleroyalty, balance of benefit, copyright protection, exhaustion of rights
PDF Full Text Request
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