Study On The Transplantation Of Droit De Suite

The Droit de Suite(DdS), which was originally created in France, has now beentransplanted into the law systems of more than60countries across the world. However, itwas not until the third amendment to the Copyright Law of People’s Republic of China,did the DdS be officially proposed for the first time in China. Although the first steptowards transplanting the DdS laws has been taken, problems concerning the differencesbetween the ideas of DdS and traditional civil law still remain unsolved. In addition, theinterests of auctions and collectors will be directly affected under the new law. Therefore,we must face the debate the most controversial problem before taking a further step.The author believes that, the so-called arguments of the opponents are not valid.Firstly, both artists and collectors contribute to the increased value of art works, as a resultboth of them have the right to benefit from it. The DdS was designed to balance thebenefits of the artist and the collector, taking both sides into consideration. Secondly, thereis no contradiction between the DdS and the exhaustion doctrine, which is the main reasonfor Anglo-American Legal System to argue against the right. Because art works makeprofit in a way differs from other products, which make money by making copies. Thirdly,although the transplant of DdS laws may cause a slide in the trading volume of the artmarket, it will bring positive impact on the market.Artical12of the law, which is also the blue print of transplanting the DdS laws, justfigures the outline of the scheme, without elaborating on the basic elements of the DdS,the extraction method of royalty, and the proportion. Therefore, improvements need to bedone, based on the legislative practice of foreign countries and China’s basic conditions.