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The Problems Of Establishing The Resale Royalty Right And How To Perfect It

Posted on:2014-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y F GaoFull Text:PDF
GTID:2256330425963611Subject:Law
Abstract/Summary:PDF Full Text Request
The art market is a common phenomenon, between artists and art dealers are mostly benefit distribution is uneven, most artists early works are low-priced resale, and works after accumulation and artist time own growth, by the art dealers after several transferred, sold far away. But this time, as the copyright owner, has no any relationship between the artist and his works the price of profit, so often, artists in an auction record high record of the transaction, while the artist life but embarrassed situation, this phenomenon began to cause the attention of people and impartiality questioned the art market trading rules.France in1920was first created the droit de suite, its primary aim is to make a balance between the interests of artists and art dealers, the artists receive compensation from the previously created works in the late. Mean, transfer of artists in the late, as long as to the legal limit, and with the legal method of transfer, so the artist can be extracted from the part of the Commission, this provision, to be on the beach of the artist is fairness and justice of compensation.Free France after creating, right of pursuit is accepted by some countries of the continental legal system, after the introduction of more area, but the right of pursuit from produced then controversy has not stopped. Until today, support after continued pursuit both right system has never stopped arguing against right system, such as:whether the pursuit of exhaustion of rights principle conflict and power? Right of pursuit of art market trading volume loss etc.This article attempts from the actual situation analysis of right of pursuit of facing and problems to be solved in our country.
Keywords/Search Tags:Resale Royalty Right, The Nature of Rights, Rationality
PDF Full Text Request
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