Work For The Legislation Idea Right After

In1920the French first created after renewal right, from now on painting, sculpture, the author of a work of art in its original works after sales for the first time, the original sales income has once again the rights of the commission. At present already introduced about43countries, most of them for the mainland legal system country. In the European Union, in order to avoid works for the power system with lack of the eu market trade distortion, promulgated the eu "instruction"(the European parliament and of the council of art works about the original author after renewal of the right of directive2001/84/EC "the brief), this instruction to introduce the enlarged the chase for the applicable scope of the right in the world.After the necessity of renewal right system and rationality, has been accepted by all countries or reject it the focus of attention. After renewal right has solid legal basis. On one hand, the artistic work itself is special attributes (not copy sex, scarcity and substance dependence) decided that, art appreciation in the value of the intellectual work mainly thanks to creator, also cannot leave the works of art of propaganda and into the late owner, so the author and all people have the right to work in the appreciation income share interests. On the other hand, right after the establishment of renewal to balance the author and the interests of all, avoid the wide interests from the essence not fair, is of art in trading protecting disadvantaged groups, so it is reasonable. Moreover, after renewal rights as the author of the extension to the right person in the property rights, by giving the author a certain proportion of the FenXiangQuan appreciation income, both caused the "very loss. The authors give economic compensation, also do not break change in trading rules premise that the imbalance of the restores balance, this series of reality indicate that the chase for the right of existence of practical significance to the necessary.Based on the above analysis, this article three part discusses the legal system for right after work. The first section explores the legal system for right after the basic connotation of the right of renewal from after the legal concept, nature, theoretical foundation to rights legislation value analysis, all-round introduced after renewal emergence of the right of process and the superiority of the system. The second part of the article analyzes the related work abroad after renewal rights legislation, and its significance in the legislation; This chapter discusses the first quarter mainland legal system country (France, Germany, Italy) after renewal right legal system, the legislative earlier also relatively perfect, all is the form of renewal to the statutory right after we define regulations; The second section discusses the common law countries (Britain, the United States) after renewal right legal system, to the UK by the instruction "way accepted works after renewal right system, the United States is part of a right to this state made a law, there were no visible American and British special unified law of a right to this regulation, therefore, after renewal right system in countries of Anglo-American law system and implementing the operation of a restricted; Through comparative evaluation, the third quarter analysis of foreign these legislation on our reference, and based on this, it is pointed out that China’s legislation trend. The article discussed the third part of our country after the construction of the power system renewal, discusses the two points; The first section about work after renewal to the basic principles of the power system, including traditional copyright law basic the application of the principle, the principle of right of exhaustion limits, and very loss to the support of a system principle; With basic principles for thought, in this chapter are discussed in the second quarter detailed work right after renewal legislation, from the right subject, object, exercising mode, the protection period to put forward relevant legal draft, further improving the legislation for the future added to his own opinion.This paper mainly has reference value in two aspects:first, the emergence of the right of renewal to chase and theoretical basis of the discovery process are discussed; Second, the countries of two important legal systems reference to chase the right of renewal legislation experience, with China’s existing regulations, on the legislation related Suggestions. Need to clarify, after the right of renewal legislation field still has many problems need to be further study in this paper, the author’s opinion unavoidably exists omissions, hope that through the discussion can cause more experts and scholars pay close attention to this field.