Research On The Construction Of Art Resale Right System In My Country

Droit de suite,named “resale royalty right” in English,is the right of the artist to gain benefits from the resale of the artwork.At present,more than 80 countries around the world have a system of it,which is developing into a global right.The resale royalty right originated in France in 1920,which was in the midst of a transition from the demise of official salons to the art market,after artists lost government's support.It's hard for those artists to live.Thus,they had to enter the art market.While art dealers made a fortune by reselling art.After the awakening of the subject consciousness that the artist has the right to guarantee his creation,the legislator considers that the artistic creation is difficult to be effectively protected by copyright law.Meanwhile,the French legislator recognizes that the author's copyright to the work is not the same as the property ownership of the original artwork,and the transfer of the original artwork does not affect the attribution of copyright.Thus the system of resale royalty right came into being.It was France's unique society,market,thought,system and other factors that promoted the birth of the right in France.The system of resale royalty right has near a hundred years of history,and the legislative system of the right to pursue rights has gradually moved from diverse differentiation to unity.The early resale royalty right legislation mainly adopts the form of one-line law,and there are great differences in the specific system design of the right of renewal in different countries,and the operability of the system is not fully taken into account in the legislative design.With the introduction of the resale royalty right of the Berne Convention in 1948,the resale royalty right was introduced into the Copyright Law,the scope of application of rights gradually expanded,and the system of renewal took into account the implementation cost in the construction.Since the EU unified domestic renewal legislation in 2001,the system has entered a new stage of development.Many countries that used to oppose the creation of resale royalty right have also provided for the right in their own legislation,and the resale royalty right has become a trend of legislation around the world.It is necessary for our country to create a system of resale royalty right.Necessity comes from the legitimacy of the right to pursue,the compensation for the use of works and the objective requirements to protect the rights and interests of Chinese artists.The legitimacy explores the source of the value-added of the art,that is,the intellectual labor of the works themselves and the reputation accumulated by the author's continuous creative activities,which is the fundamental reason for the value-added of the works of art.Since the work of art can only be carried on top of the original works,which leads to the difference between the works of art and other works in the way of the use of works,the existing Copyright Law does not take into account the particularity of the use of works of art,thanks to it,the legislation of the right to pursue makes it possible that the author is able to obtain extra money from his artworks.Moreover,the number and scale of overseas sales of works of Chinese artists is increasing,considering that the resale royalty right is applicable between countries is the principle of reciprocity,our country should provide for the right of renewal,in order to ensure that Our artists can enjoy the resale royalty right and interests overseas.In the context of the current transformation of the art system,Chinese artists also need to pursue the right to ensure that they can benefit from artistic creation.The object of the resale royalty right is the artwork,not the work carrier.In addition to the author and the author's heirs,it should also include the author's bequest,the subject of the right to pursue the obligation is the author of the original artwork.In the content of the renewal right,the pursuer has the right to request the renewal right of the obligation to pay the renewal of the right to it.The recourse obligor is required to fulfill the obligation to pay the renewal payment to the pursueee.In the nature of rights,the pursuit has the property of personal rights,the right of pursuit is non-transferable.At the same time,the resale royalty right belongs to the right of compensation arising from an artwork's another sale.Besides,the property right of the artworks should include the resale royalty right.From the implementation level,the operation of the right-to-pursue system is mainly due to the secrecy and opacity of the art market.The identity of sellers and buyers is usually not publicly available,which makes it difficult for third parties outside the seller and buyer to obtain art transaction information.This "information access barrier" can have a serious impact on the implementation of the right to pursue.China can deal with the obstacles to the operation of the renewal right system and control the implementation cost of the right to pursue the right to pursue.The right holder in China can obtain art transaction information through the auction supervision department or through the art market information platform.China has established the prototype of the copyright collective management system,This deficiency can refer to European experience,that is,to record various information through official or non-governmental organizations,unified management by art industry associations or special collective management organizations,and scientifically set up the threshold for follow-up gold to control the cost of rights implementation.