Research on Resale Right System
|School||Southwest University of Political Science|
|Course||Intellectual Property Law|
|Keywords||The Resale Right Rationality Artist’s Interest System Construction|
On September27,2001,《European Parliament and Council Directive2001/84on theresale right for the benefit of the author of an original work of art》(Hereinafter referred to as《Directive on the resale right》)was finally passed after a long dispute process.The passing ofthis drective is of epoch-making significance. However,the dispute about resale right is notonly stoped for the EU’s confirmation but more intense, and become China’s unavoidablesignificant problems.In the opinion of the author, establishment of the resale right system isan essential content of protecting the artists’ interests.Today, along with the prosperity of theart market, the artist’s body position is increasingly clear and the art market tradingincreasingly mature,it is the premise of ensuring the steady development of art market thathow to maximize the protection of the artists’ interest. At both of the Chinese people’sNational Political Consultative Conference held in2010and2011,ZhangKangkang andLiYuguang,who are the member of CPPCC successively proposed in their Copyright lawmodification proposal to establish the resale right for the artist.In July13,2011, the thirdrevision work of Copyright law has begun,although we don’t know whether the resale rightwill be a content of this revision work,but this does not affect the author through this paper tocarry on the thorough discussion about the rationality, system construction and other relatedissues of resale right in depth.This paper consists of four parts:The first part is about the development situation of resale right, from the development ofour country current situation of the resale right,draw out the general overview about thedevelopment situation of the resale right in foreign and international, that make the readersclear of the development vein of the resale right.The second part discusses the rationality of the resale right,this part conducted acomprehensive analysis of advantages and disadvantages about the existence of resale right,and further put forward the rational basis of the resale right from legislative justice valueorientation, intellectual property attribute, art work’s unrepeatable characteristics,and theresale right itself attribute.Etc.The third part discusses on the legal relationship of the resale right,in this part, the authorputs forward the subject of should be limited for the natural person and their heir, the objectof the resale right should be limited for the original works of art which have been selled or auctioned through the public way. And divided the rights and obligations arising from theresale right legal relationship systematically.The fourth part exprounds the author’s legislative proposal about establishment of theresale right in our country.On the basis of analyzing about the necessity and feasibility of theresale right in China, put forward the reasonable solutions to establish the system of the resaleright from legislation pattern options, the division of rights and obligations,main body ofexercising, assignment of responsibility and relief methods.ect, and refined into specific legalterms,this legal terms may be regarded as the submission of a summary paper for this study.