Question Necessity For Incorporating Resale Right In Copyright Law

The resale right has been in existence for a hundred years since its birth in France in1920.In 2012,China added the right as a new right to the revised draft of the Copyright Law,which triggered academia and industry heated discussion.Discussions in academia focused on the theoretical basis and system regulations of the right to pursue,while the industry focused on whether China has the social environment to introduce the right to pursue.This article intends to use a combination of theory and practice,starting from the source of the right of continuation,clarifying the theory of the right of continuity,combining the environment of the art trading market in China,and questioning the introduction of continuation necessity of power.The resale right is a product of a specific era and has a profound economic policy and cultural background.Social reality today is very different from that of France 100 years ago.The introduction of the right of renewal must be considered in the context of our country.As for the theoretical foundation of the resale right,first it's found that the resale right can achieve the balance of the interests of artists and art dealers to a certain extent,but it is easy to cause the imbalance of interests within and outside the artist group.Secondly the resale right is not comparable to the rule of extraordinary loss,and conflict with the principle of exhaustion of rights..Finally,the right of renewal does not conform to the theoretical proposition of Coase's theorem and can't promote the better realization of maximizing social benefits.On the one hand,by studying the specific implementation effect of the right in major countries,it's found that there is indeed evidence to show the negative impact of the introduction of the resale right.On the other hand,by studying the development status of art trading market and the needs and wishes of various trading subjects,it's confirmed that China's art market is in depth.During the adjustment period,there are outstanding problems in both markets.It is not a state of rapid and healthy development,and neither artists nor galleries have a full understanding of the resale right.China does not have a social environment to introduce the resale right.The emergence of the resale right has profound social roots,but it has no solid theoretical foundation and can't play a good role in reality.China needs to think twice before introducing the resale right.