Legal Research On Resale Royalty System

Since France set resale royalty in Copyright Law in1920, some countries in Europefollowed it. Even though the effect of resale royalty is dissimilar in different countries,existence of the right shows the increase and the enlargement of protecting scope of artists’rights in Copyright Law. The resale right guarantees artists gaining interests from sold works,narrowing the gap between artists and writers and composers in copyrights, benefiting artiststo create high-quality works and promoting the art market flourishing.On30thDecember2012, General Administration of Press and Publication of Chinapublicized The Amendment of Copyright Law(the3rd), which ensured the resale royalty. Thispaper is written in this situation, introducing legislations and implementation of resale royaltyin foreign countries, analyzing difficulties in establishing resale royalty in China and putforward proposals. This paper contains three parts:The first part is the introduction of resale royalty with three chapters. The first chapter isthe reason why I choose this theme and others’ research on the theme. The second chapterintroduces the basic concept, producing process and significances of the right. The thirdchapter summarizes organizing factors of resale royalty from established legislations in othercountries, then analyzes advantages and disadvantages of various legislations.The second part is the development of resale royalty system in other countries mainly inchapter four. The fourth chapter introduces the implementation mechanism in other countries,such as collective organizations of copyright charging of cooperating with dealers on fees ofresale royalty. And the chapter also analyzes what different outcomes in the same right andthe reason for this situation.The third part is about how to establish resale royalty system in China. This part has twochapters. The fifth chapter points difficulties in building resale royalty system in China andthe related reason. The sixth chapter gives suggestions aiming at how to solve these puzzles.