Research On The Construction Of Resale Royalty Right

The concept of Droit de Suite was first coined in France in1920, which was mainlyused to diminish the serious unfairness of benefit distribution between the creator andmiddleman of artistic work. the setting up of this mechanism ensures that the originalcreator of artistic work gets a certain proportion of compensation out of the transferenceincome of the original work so that the creator is less disadvantaged in economic statusand justice and equity is maintained in the artistic work market. So far, about65countrieshave adopted this system and as the EU Instruction concerning coordinating the trade inEU artistic work market was issued, the system is more globally applied. Since Droit deSuite was not required in the Bern Convention, China, as one`of the member countries,didn’t have any regulations about Droit de Suite. However, it was included in the draftedCopyright Law in2012, and enhanced the importance of this concept of the law.There has been theoretical research of Droit de Suite since early90s. At the momentwhen Droit de Suite was put into the law, this thesis proposed a specific plan for setting upa system of Droit de Suite consistent with the circumstances in China by combing theresearch of related laws, regulations and practice from abroad.Combing theory and practice, this thesis first discussed the origin, conceptualmeaning, legal characteristics, and theoretical foundation of Droit de Suite. Then it made acomparative research between the extraterritorial system for Droit de Suite by analyzingthe differences and the tendency of being bonded. Meanwhile, the author analyzed thelegitimacy of bringing in Droit de Suite by combing the practice and proposed a few ideasabout the specific execution of this system. Overall, with the research on constructing thesystem of Droit de Suite, the author came up with the conclusion that it has greattheoretical and practical importance. Firstly, putting Droit de Suite into the law developsand optimizes the right system of copyright holder, which is an important sign for theimprovement of Copyright Law. Secondly, it practically protects the copyright holder’slegal interest and is demanding for the prosperity of the cultural undertaking in China.