Research Of The Resale Royalty Right

The resale royalty right proposed in the draft of the copyright amendment willlead a new round of discussion on resale royalty right theory. Some academics are stillopposed to the application of the system of resale royalty right. But I consider thatconstruction of the system of the resale royalty right with feasibility. Concept andcharacteristics of resale royalty right system, sources, and in the legislative practice ofeach States as well as in the construction of concrete in our country are the focusedproblem in this article.There are four section in this article, the first part introduces the connotation ofthe resale royalty right, by comparing some provisions of national legislation the rightof pursuit in differences in connotation, I think its meaning in theory should be conciseand profound, namely the resale royalty right is the artists share their works after thefirst transfer rights of the resale price. Then I analysis the characteristics of the resaleroyalty right: The resale royalty right have both personal property and propertyattributes; resale royalty right for the author or his family heirs, excluding the legatee,other citizens, legal persons and other organizations also do not apply another object ofresale royalty right range includes original art works, photographs, and manuscripts ofwriters, composers.Part two then demonstrates the theory evidence in an attempt to draw the resaleroyalty right on the theoretical and practical feasibility after I analysis thecharacteristics of the concept of the resale royalty right. The resale royalty right as ameans of value distribution is the embodiment of the balance of interests, andbalancing of interests derived from the justice idea, is the value of method. In the legalrelationship between the artist and art dealer, you can invoke extraordinary loss rules toexplain the imbalance of interests between the two, extraordinary loss rules embodiedin the fair value of Justice, and balance of interests at this point have a common source.Through the theory of the exhaustion doctrine specified in its application of theanalysis process is also restrictive, I believe that the resale royalty right system andexhaustion are not contradictory, but should be a restrictive application of the exhaustion doctrine.The third part of the article comparative analysis of the international countries,regions, regional legislative practice. Several countries of the continental law systemconstruction in statutory form to the right of pursuit of consensus, differences still existon just legislation. Britain also began to apply the resale royalty right, but not statutorylaw determined that the system, this article only describes its practical implementationin the country. In addition I introduced the Berne Convention, respectively, and thespecific provisions in the EU directive on the right of pursuit, as well as the legislativesituation in mainland China and Macau.The fourth part of the article focuses on the right of resale royalty right to draftconcrete construction in China. I combined with China’s national conditions analysis ofthe necessity and rationality of the system, followed by the author to follow thelegislation plan of the construction of the system of right.