Study On The Legislation Of Droit De Suite

Droit de suite is the right of authors of particular category who can share the property interests after each resale of their art works.It is a type of economic rights.It is necessary to add the droit de suite in our copyright law,which is based on three reasons below:From the perspective of object basis,the object of droit de suite has its own particularity.The lack of droit de suite may lead to a intervallic chance difference between artists and common authors,meanwhile,the lack of droit de suite may result in a intervallic income gap between artists and art dealers.From the perspective of legal philosophy, the droit de suite was laid on the foundation of Legal philosophy.Labor is the natural foundation of private property.The droit de suite,as a property right,is produced on the basis of the industrials labor and sapiential crystallization which are condensed on the art works produced by fine artists.The value of the droit de suite is to provide the creative work and transmission of fine art with motivation by using economic returns of art market,and to promote the fair and reasonable distribution of art resources,which in turn may realize the spirit and pursuit of fairness and justice value of a country.From the perspective of law and economics,the droit de suite complies with the economics of law.The droit de suite could ensure the clarification of property rights,reduce transaction costs and optimize the allocation of resources,which in turn may boost the market transactions,increase social wealth and maintain the balance of interest.The establishment of our droit de suite is equipped with sufficient feasibility.In the theory level,there is no conflict between the droit de suite and the right exhaustion doctrine.In the real level,the droit de suite cannot destroy the art market.Despite of the complexity of the operation mechanism of droit de suite,there is lots more out there we can do to solve them. Although the draft amendment of our copyright law has demonstrate the foundation of the droit de suite,there is no specific rule.It is not suitable to establish special legislation for our droit de suite.It is appropriate to set the droit de suite in the scope of our copyright law.The subjects of our droit de suite are limited to the author himself or the heirs and legatees.The objects of our droit de suite are confined to fine art and works of applied art which meet the requirements,except for the photography works and the manuscript of writings and music composition.The commission approach of our droit de suite could adopt the excess progressive extraction. The terms of trade which apply to our droit de suite include any types of private resales.Collective management organization is responsible for the exercise of droit de suite.It is advised to establish the traceability system of fine art.The lengh of protection of our doit de suite should balance the interests of all parties and could not be too long or too shot.In dealing with the foreign arts,we should take the principal of national treatment based on essence mutual.