Research On The Resale Royalty Right

It is always an important problem in front of lawmakers and scholars, how to protectthe creator of intellectual products by the law in the era of knowledge economy. In the pasttwenty years, the art and culture industry enjoys constant development with the gradualestablishment of the market economy model in our country. The trade of work of art hasproduced a lot of resale profits. The unequal position of interest distribution among artistsbecomes more and more obvious and the conflicts become more intensified. Under thisbackground, the national copyright administration issued the copyright law of thePeople’s Republic of China copyright law (modified draft), made an important systemmodifications, increased the Droit de Suite terms.After France prescribed Droit de Suite in the law in1920, Germany, Italy, Belgiumand other major European countries have established the Droit de Suite system. Thesecountries have implemented the Droit de Suite system for many years, and the practice inthese countries has accumulated a lot of experience. So there is an important referencesignificance in the legislation and judicial practice for us. Meanwhile, despite more andmore countries have begun to introduce the Droit de Suite system, but the debate on therationality of Droit de Suite has never been stopped. Therefore, although China has beenclearly defined the Droit de Suite in the draft, but the Comparative Study on Droit de Suiteof other countries and international treaties still have great significance.The paper is divided into four parts, the first part introduces the concept of Droit deSuite and the legal attributes of Droit de Suite, the second part focuses on the introductionand comparative studies of Droit de Suite of major national and international treaty, thethird part discusses the rationality of Droit de Suite and the feasibility and necessity ofthe implementation of Droit de Suite in our country, the fourth part appraises the terms ofDroit de Suite in the modified draft and put forward my opinions and suggestions.