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Research On Resale Right

Posted on:2015-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q HuFull Text:PDF
GTID:2266330428968571Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Droit de suite is the author of the original works of art, manuscripts,musical works shall have an inalienable right to a share in the proceeds of any sale of that work by public auction or through a dealer s.Earlier in his career,the little-known artist often dispose of their works at a ridiculously low price,but until their big fame,his work may be priceless.However,once a work of art sold off after trading the artists shall not claim any property rights,a direct consequence of this is that artists get through a poor life while art work investors get a lot of benefits.In order to balance the distribution of benefits between artists and art dealers, the French in1920,pioneered the introduction of droit de suite,so far more than80countries around the world have recognized the right of pursuit.Although droit de suite has been widely acknowledged in the world,but since its inception,it has been disputed its legitimacy.Droit de suit arises,has a profound basis in reality, partly because droit de suit of art work is the exception to the principle of exhaustion of rights;partly because the root cause lies in the appreciation of art in the works condensation the artist’s creative work, the artist is entitled to share the benefits of the appreciation of the work.In addition, the natural rights theory,incentive theory and the theory of balance of interests legitimacy droit provide theoretical support.In the third revision of the copyright law, whether the droit de suite should take into law or not,causing widespread controversy,and becoming a hot moment of copyright issues. Based on the above situation, this article is divided into four parts:The first part is an overview of droit de suit. This section introduces the concept of droit, followed with a pointed droit moral rights and economic rights dual nature, finally introduced droit context of the historical development of the system.The second part is the legitimacy argument of droit de suit. From this part of droit de suit realistic basis and theoretical basis to demonstrate the reasonableness of the right to chase continued. As a property, why droit de suit established, partly because droit de suit particularity of works of art is the exception to the principle of exhaustion of rights; partly because the root cause lies in the appreciation of art in the works of artists condensation the creative work of the artist is entitled to share the benefits of the appreciation of the work. In addition, the natural rights theory, incentive theory and the theory of balance of interests droit legitimacy provides a theoretical basis.The third part is the analysis of droit de suit legal relationship. This section analyzes the legal relationship of droit de suit subject, object and content. The subject of droit de suit is natural person or his heirs; the object of droit de suit is original works of art; related to the exercise of the right way to chase continued and rights restrictions introduced.The fourth part is about the idea of introducing droit de suit into legislation. This part of the country droit de suit"into the law " for the analysis of the feasibility and necessity to clarify the introduction of droit de suit ripe Meanwhile, droit de suit specifically designed to provide a framework for our country.
Keywords/Search Tags:Droit de suite, original of art work, justification, legislative conception
PDF Full Text Request
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