Research On Right Of Pursuit

The National Copyright Administration of the P.R.C. has issued the draft of "The people’s Republic of China Copyright Law" on March 31, 2012, the "draft" has opened the process of the third revision in China Copyright Law since 1991. This revision draft added a bright spot, that clears a special rights of copyright,which is " Right of Pursuit ".It was the first time that China’s relevant legal system mentioned Right of Pursuit.The draft would be interpreted as "the goal to solve the problem of benefit share between before and after the author of the famous works ". Along with the advancement of reform and opening, the development of the society has made people’s requirements from material to spiritual. All kinds of art emerged in endlessly in recent years, people’s art appreciation level is also improved, the art market is also developing, which presents a scene of prosperity. However, behind this piece of "boom" is collectors, art dealer earning good money and the artist’s poor. The author thinks that without the Right of Pursuit of legislation is not equal treatment for artists, is the lack of copyright law, is the lack of fairness and justice.After entering into the draft legislation, the Right of Pursuit has caused great repercussions in academia, art scene, auction and any other industries. Many experts and scholars have published their own views. Professor Zou Guoxiong, Ding Liying and zhang Jin think that we should establish the Right of Pursuit and young writers Feng Shou Zhu, Lv Jifeng think that our country should not set up the Right of Pursuit at present, two views have been disputing. In fact, mainland scholars has been a different point in introducing the Right of Pursuit system Since the last century 90’s. Supporters say the Right of Pursuit system is balancing the distribution of interests between the artists and the art dealer, which is substantial justice. Opponents don’t think so,they think that the Right of Pursuit system is not fair and which will hinder the prosperity of the art market.So what building the Right of Pursuit system is redundant, or sticking the truth?This article analysis on the rationality of the Right of Pursuit system through redistribution of art trading to balance the interests between the artists and art dealer,which Focus on the nature of the Right of Pursuit, foreign related legislation, the copyright law of works of art and its incomplete lawful rights of the author and the Right of Pursuit legislation and the reality basis. This article will discuss produce, function, legislation and theory of the Right of Pursuit, in order to clear the Right of Pursuit.