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Research Of Establishing The Resale Royalty Right Of Copyright

Posted on:2011-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2166360305493702Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Resale Royalty Right of Copyright, may be called Right of Compensation of Copyright, that is, works of art to their original work on the follow-up of the transfer fee rights commission.Original works of the first transfer, subsequent re-sale price higher than the previous re-sale price to the provisions of the Right of Renewal in the statutory amount, of the right to resell on the follow-up to the total amount or value-added part of the exercise of the commission's rights.The Resale Royalty Right can balance the arts with the art of the economic disparity between investor interests and the fair value of the socialist concept of law.French Civil Law countries is the first work to establish the Resale Royalty Right of the country, he was the main scope of the Resale Royalty Right, object scope,and the exercise of their ways of doing all the detailed requirements for specific content:the art of painting and modeling author of the work, even if all the transfer of the original, there is still an inalienable right to share this work by public auction or through a merchant to sell the benefits.On the death of the author and the year after the death of 50 years in the continuation of power is still there, right heir by the author, article 24 of the right to benefit and enjoyment by the spouses,legatees,assignees shall not exercise these rights.Extraction income ratio is set at 3% applied only to price in the 10,000 francs(100 new francs) over sales.Extend the right to income from the selling price of each work and without any deduction of all the price extracted; Germany requirement is:If the plastic arts were once again purchase the original works and art dealer or auctioneer are as assignee of the grantor or middlemen involved, the grantor should make and 5% of income paid to authors.If so with income less than 100 marks, then remove the obligation to sell people.Anglo-American Law system of countries on the support of the Resale Royalty Right all aspects of the development from the relevant provisions of California law so provides:pure works of art, once sold, if the sellers live in California or the activities conducted at the California, the seller or seller's agents to pure artistic works or his agent works price by 5% commission to pay costs.Two Schools on the writings of this generation is the Resale Royalty Right different causes: economic causes,cultural roots and the root system.Comprehensive Legislation abroad.Work in China to establish the Resale Royalty Right system is feasible,fair value is the theoretical writings of the Resale Royalty Right based on the loss of non-production work rules are the theoretical basis of the Resale Royalty Right, the art market's development is to produce the Resale Royalty Right of the economic base. Work the Resale Royalty Right through the establishment of the Fund's model can exercise the Resale Royalty Right, or on such and such a mode not work exercise the Resale Royalty Right, it is the author or subject area and heir, as long as the scope of art objects,modeling work and manual work and so on.The commission works from the Resale Royalty Right was 5,000 yuan, the ratio of value-added part of the commission of 3%.The program can achieve by implementing agencies to advocate.
Keywords/Search Tags:Copyright, Resale Royalty Right, Intellectual Property Right
PDF Full Text Request
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