After Power System Research

Resale royalty right (“droit de suite” in French) was established in France in the1920s. The original aim of the concept was to make supplemental economiccompensation to the authors who sold their works at a low price. It has been characterizedas a measure of justice for creators and as an extension of intellectual property. The2011Art Market Annual Report released at the website of Artprice France shows that, Chinatook the first place in2011, becoming the world’s largest auction marketplace for artworks with a turnover accounting for41.4%of the world’s total. With the rapiddevelopment and thriving of China’s art market, the adoption of resale royalty rightsystem into our legal system has become a matter of great urgency. To support theauthors in continuing art creations, and to balance the interest of authors and art dealers,the legislation of resale royalty right, granting the authors of original art works with theright to participate the proceeds from the resale of their works is inevitable.” Therefore, itis a real opportunity for China to adopt the resale royalty right system into its legalsystem in the upcoming revision to its Copyright Right Law.In this Paper, the author will discuss the concept, legal nature, content of a resaleroyalty right, and will study the legal systems in terms of resale royalty right in othercountries who have already established such system, and thus to analysize the practicalfoundation and significance of related legislation in China. Finally, based on thediscussions and analysis above, the author will give certain suggestions in respect of thestructuring of resale royalty right system in China.The main content of this Paper consists of four chapters:Chapter1begins with the introduction of the origin of resale royalty right, givinggeneral background information about the resale royalty right, and then discusses theconcept and legal characteristics of resale royalty right. In Chapter2, the author discusses and analysizes the specific provisions andpractices on resale royalty right in other countries that have already introduced suchsystem as well as some international treaties.Chapter3focuses on the resale royalty right itself, addressing the issues of thesubject, object, protection term and excise of this right.In Chapter4, the author proposes the structuring of resale royalty right system inChina, focusing on the necessity and feasibility of introducing the system into China,definition of the key elements in this system, and legal responsibilities in case ofinfringements.