Research On System Of Droit De Suite

Droit de Suite,also known as the artist's resale royalty right,refers to the right of the author of an art work to extract a certain percentage of the added value of the original work in respect of which the work has been sold.Right of pursuit in the field of copyright law as both an important and special rights,since its founding in France in 1920,more than 80 countries and regions including Germany,Italy,Great Britain and Australia have carried out a series of related legislation on this system.In the 1990 s of last century,Chinese scholars have been in-depth discussion of the system,however,consistent with the system can not be accepted by our legislators.Until the third revision of the Copyright Law,combined with the development of China's art market situation,legislators only consider the right to continue to pursue the real system into China's "Copyright Law." From March 2012 to October 2012,the State Copyright Bureau has published three revised drafts and submitted to the State Council for consideration after the draft revised version of the draft,without exception,are provided for the right to continue the system,enough to see this time Chinense legislators' s determination to put the system into the copyright of our legal system.However,when the relevant provisions of the right to continue in the first draft of the revised draft when the first appeared on a ripple,quickly aroused academic and industry on whether to create a system of follow-up rights in China's heated debate.Because of different interests,supporters and opponents of the word,different opinions,and supporters for the right to continue the system in the specific construction of our own opinion,no consensus.Combing the voice of the parties to know the rights of the system in China caused controversy mainly include: Firstly,the chase right system in our country the establishment of the time is ripe,whether the survival of the soil already has,that is to say,at present the system in China is necessary to establish the feasibility and feasibility;Secondly,how to design the right of follow-up system in our country can protect the reasonable rights and interests of the artists to stimulate their artistic creation enthusiasm,while taking into account the feelings and interests of art brokers in order to maintain the normal order of art market transactions,copyright law of a consistent implementation of the concept of balance of interests to carry out the specific construction of the right of pursuit in order to establish the right of pursuit in line with China's national conditions.The latter one is based on the conclusion of a dispute,while the two main disputes are based on the clarification of the concept of the right of inheritance,the definition of the nature,the accurate grasp of the legal attributes of the premise.With the third revision of the Copyright Law as an opportunity,this paper systematically sorted out the system of the right of continuation and sought to clarify the conception,nature and legal attributes of the right of continuation,to seek the rationality basis and theoretic,at the same time to explore the necessity and feasibility of the establishment of the right of continuation in our country.In addition,this article also examines in detail the development rights of the system of continuation rights in the two major legal systems,and compares the similarities and differences between the different countries in the basic rules of the right of inheritance system.In reference to the experience of other countries,the main body,the object of the right,the exercise of the right,the period of right protection,the right limit six aspects,and the final drafting of the legal system of the right of follow-up system,the specific legal provisions of the proposed draft.In addition to the introduction,this paper is divided into five chapters to discuss,the main contents are as follows:Chapter ? is an introduction to the system of droit de Suite.This part begins with elaborating the basic principle of the right of continuation,which leads to the concern about the introduction of the clauses of right of inheritance in the revised draft of the Copyright Law of our country.The focus of this chapter is to clarify and analyze the concept,nature and characteristics of the system of the right of continuation.First of all,the definition of the concept of the right to follow up,from its connotation,extension of both definitions,and describes the current mainstream of the definition of the two methods;Secondly,it summarizes the origin and development of the system of continuation right,summarizes the development status of the system in the two legal systems,and highlights that the system of the right of continuation has become the mainstream choice for the protection of the authors of art in the world.Thirdly,the author analyzes the nature of the right of inheritance and introduces the three theories of the legal attribute of the right.This paper argues that the right of inheritance does not belong to the property right of authorship,nor to the personal rights of writers.However,considering the connection between the right of inheritance and "works",and combining the current legislation experience of right of inheritance.The paper analyzes the characteristics of the rights of the right of inheritance,and expounds and summarizes the right characteristics of the right of inheritance from the dual nature of the right of personal rights and property rights.Chapter ? is the reasonableness of the system of Droit de suite.This part of the detailed argument is the follow-up of the legal basis of the source of power,but also the existence of the theoretical basis of the system is one of the key points in this paper.Around the controversy focus on the rationality of Droit de Suite,this paper combs and analyzes the debates between the two parties in detail from six aspects,and draws a conclusion that the system of continuation rights has its unique legal basis and realistic basis.Secondly,the theoretical basis of the rationality of the right of succession is demonstrated,and from the perspective of jurisprudence,civil law,intellectual property law and law and economics analysis,it finds the support of theoretical foundation for the right of pursuing right.The legitimacy and the rationality of the existence of the "right source" of the system of continuation of power.This paper argues that the majority of objections around the right of continuation rights do not have sufficient basis and should not be a hindrance to the creation of the right of continuation,and the system of follow-up rights has its unique theoretical basis.Chapter ? is the comparative study of the system of Droit de Suite.This part systematically and comprehensively combs the development of the artist's resale royalties right system in the contemporary world,and elaborates the specific provisions of the system of continuation rights in the main countries and regions of continental law system and common law system as well as international treaties and according to the evaluation and analysis.First of all,this paper conducts an in-depth investigation of the development rights of the system of the artist's resale royalties right in international conventions and the major countries and regions of the two legal systems,and makes an assessment of the legislation and implementation of the right of continuation in each country.Secondly,this paper also compares the different countries and regions.The author points out the similarities and differences between the legislative models,the subject also the object,the practical exercise of rights,and so on.Then,as to the term of protection and the restriction of rights in the right of inheritance system in the region,so as to provide a useful reference for constructing the legal system of the artist's resale royalties right.Chapter ? is the necessity and feasibility of the establishment of the system of Droit de Suite.In this part,based on the combination of the development of Chinese art market and the environment of domestic policy and legal organization,the introduction and establishment of the right of continuation in China is to protect the legitimate rights and interests of Chinese artists,to maintain the prosperity of the art selling market,contributed to participate in global art conmunicaiton and competition.Meanwhile,the sustainable development of the domestic art market is the core foundation for the establishment of artist's resale royalties right system in our country,the perfect policy and the legal guarantee for the establishment of the resale royalties right in our country,the international legislation experience and the development of the collective management organization has created the organizational conditions for the establishment of resale royalties right in our country.In addition,the paper also uses the method of empirical research on the five domestic art market to conduct field research to further verify the implementation of the Chinese art market system of the resale royalties right conditions are ripe and ready.Chapter ? is the concrete legislation advise of the system of Droit de Suite in our country.This part firstly reviews the process of the creation of the artist's resale royalties right in our country,tries to introduce it from the long-term lack of legislation to the revision of the law,and reviews and analyzes the framework of the renewal right system in the draft of this Copyright Law.Secondly,it clarifies the basic principles that should be followed in the establishment of the right of continuation.Finally,the author puts forward some suggestions on the specific design of the artist's resale royalties right in China,that is to say,the resale royalties right should be incorporated into the copyright legislation system and the principle of reciprocity should be applied.The main body of the resale royalties right is limited to the author or his successor,the legatee,the obligor as the seller,the transferee or the intermediary involved in the transaction of the artwork to the author for the joint and several liability.The object of pursuing rights in China should be limited to the original works of art and architectural design drawings,the original model.The basis for the calculation of the royalties shall be the total extraction method using the prescribed standard,and the proportion should be calculated by the sliding proportion method.Resale royalties right applies only to the public auction of works of art occasions,and throughout the copyright collective management organizations to be exercised.Additionally,to make sure the effective implementation of the system of the resale royalties right,China should stipulate the "information access right" and create a brand new art market information tracing and recording system.The term of protection on the artist's resale royalties right in China shall be the same as the period of protection of the property rights,ie,December 31 of the 50 th year after the death of the author.Finally,due to the maintenance of public interest,the right to pursue the right to appropriate restrictions.