On The System Of Droit De Suite

Have to build a culture of the Chinese nation for thousands of years, the development of literature and art has a long history and is deeply rooted. A large number of artists not only inherit the traditional Chinese culture, but continue to innovate and develop. As a different type of culture to Western culture, oriental culture make so many Westerners fascinate by its mysterious and profound. Works of art with Chinese characteristics is the favorite of Western collectors. With the prosperity of art, Western art works were introduced to our country while local art works have entered the international market. Our country art market is gradually established, standardized and developed. In such circumstances, the droit de suite of original works of art is the one of problems which has become more and more attention. This paper starts at the basic elements and the value of the system to the droit de suite, carrying on commenting on the major countries about the legislation of droit de suite. According to our country conditions, we draw on the relevant and ripe legislative provisions of other countries, in order to build a possibility system about our country's droit de suite.The paper is divided into three parts.The first part deals with the definition, the system foundation and the value basis of droit de suite. The droit de suite, as a phrase, is created by French in first time in 1920. When one work of art was sold again, if the purchaser resold at a higher price than the price he purchases it, the artist has right to share a certain percentage from the difference. This is its basic meaning. Concerning the nature of droit de suite, the theories field has three different viewpoints which are it belongs to Moral Right, Economic Right or Comprehensive Right. The paper tends to the third viewpoint. The droit de suite has the attribute of both economic right and moral right. It is a kind of special economic right. The effect of pursuit in real right law is the main basis in civil law to the droit de suite. This paper holds that the Extraordinary Loss Rule to the droit de suite in value of the system has a certain level of comparability. According to the use of Extraordinary Loss Rule, it should have the power of explanation to the establishment of the droit de suite. Meanwhile, in today's society, the artist has become an independent role, so they need to have the right to make their own claims. Plusing the vigorous development of the arts industry, it has a solid foundation in reality for drawing the droit de suite into our country. The system of droit de suite is a reflection of the legal value of fair. It is also the inevitable requirement that protects the special attributes of works of art. Our country should be established such a system.The second part introduces and comments on the system of droit de suite of major countries of its legislative power status. An oil Painting caused to the French people's concern to the distressful life of artists. The Association for the Protection of artists following the concern to be established contributed to pass the bill of protecting the droit de suite in France in 1920. Germany takes Exhaustion of Rights as a principle, but provides the droit de suite as its exception. while maintaining the free flow of the market order, it can balance the interests of all parties. Without doubt, this way has merits. The United States has not yet made clear on the droit de suite, except that California has adopted a Resale Royalties Act for the protection of droit de suite. The United States ignores the plight of the injustices suffered by the artist. Before the British has no the system of droit de suite, and has been opposed to it. But Council Directive 2001/84 of 27 September 2001 on the Resale Right for the Benefit of the Author of an Original Work of Art has changed the situation. It requests all EU member states, including Britain, to recognize the system of droit de suite in deadline. It is a mandatory requirement. To recognize the system of droit de suite, it indicates a further integration on Continental Law System which respects the safeguard of the civil rights of individuals and Anglo-American Law System which has the free transfer of property to the traditional marks, successful and profitable market-oriented pattern of copyright's protection. The third part constructs our country's the system of droit de suite. This paper shall not give the legislative definition about the droit de suite in a word temporarily. In here I can only continue to use the universal application of the basic argument, but I would give its connotations of the explanation. In our country, the droit de suite belongs to natural person and his successor. The droit de suite is only used to the original works of art, including painting, sculpture, works in the plastic arts and so on, but except practical art. The protection of droit de suite can apply to generally applicable deadline which is 50 years after the author's death. The performing method of droit de suite adopts the way of basing the total amount of the progressive base extraction which has been proved feasible and effective by the countries. The performing organization of droit de suite is the Copyright Collective Management Organization. After the Art and Photos Collective Management Organization which is preparing to set up founds up, our country will has specialized agency to perform the droit de suite. The infringement to droit de suite must also take the same civil responsibility with violating other civil rights, including stopping infringement, compensating damages, rehabilitating reputation and so on.The droit de suite from Continental Law System is not just to protect the interests of a specific method, and it will lead to a kind of reflection, namely, how to set up a kind of system which adapts to their own circumstances and culturally appropriates leading to protect the interests of the system as possibly. The system of droit de suite was created with the reasonable theory and the reality of the need to meet the art market. Moreover, our country's current Copyright Law has been provided specifically the nature and legal status of the Collective Management of Copyright. This makes the realization of droit de suite has fully practical condition. Therefore, in our country the system of droit de suite's legislative power and timing are basically ripe. Our country's copyright law should be adopted and improved this system in a timely manner.