Research On The Establishment Of Droit De Suite In China

Droit de Suite is an artist right of sharing the interests from the works of resale,which originated in France. Currently it is adopted by most of the continental lawsystem countries, and there is a part of the Anglo-American law system countries alsoprovides for the system. it was the first time for China’s "copyright law" draftamendment rules the Droit de Suite, which has caused a lot of controversy. Thisarticle will combine the existing legal practice of Droit de Suite in other countrieswith the reality of Chinese art market, in order to clarify the controversy and seekrationality for building Droit de Suite system in our country. In addition, this paperwill review the development of Droit de Suite system abroad to compare thesimilarities and differences of the Droit de Suite system. In addition, this paper willput forward the corresponding Suggestions on the specific building of Resale Right inChina, mainly including the legislative mode, subject, object, right exercise theirrights, the protection period, restrictions. At last, this paper will puts forward thespecific legal provisions.Chapter I mainly studies the Fundamental Issues of Droit de Suite. Droit deSuite do not belong to the category of copyright. But considering the connectionbetween Droit de Suite and "work", and the current intellectual property framework ofthe world, Droit de Suite should be included into the framework of copyright law. From the available information, the Droit de Suite system will not have a negativeimpact on the art market. And Droit de Suite system still has realistic basis, which canprotect the legitimate interests of artists. And Droit de Suite system does not violatethe artist the "first sale doctrine". As a result. most opposition of Droit de Suite systemshould not be a hinder for the establishment of Droit de Suite system.Overall,according to fair value, and essence of "potential value", very loss rules, theexistence of the right is rational.Chapter II mainly studies on a comparison of Droit de Suite system. First of all,this paper review the development of droit right system in different countries.Secondly, this paper compares the existing Droit de Suite system in the legislativemode, subject, object, right exercise their rights, the protection period, restrictions. Inorder to provide references for building droit right system in our country.Chapter III mainly studies on the construction of droit right system in China.Considering the development of Chinese art market, artists, rights and interestsprotection and the inherent requirement of the "copyright law" draft amendment,Droit de Suite should be created after renewal right system in our country. Meanwhileour country has the feasibility of the implementation of droit right system, caneffectively deal with the art market information.Droit de Suite should be legislated into copyright legislation system, and theright should apply the principle of mutual benefit. Droit de Suite shall be limited tothe author or his successor or legatee. Obligation of Droit de Suite should be the seller,and the assignee of the involved in art deal broker should bear joint and severalliability to the author. The object of the right should be confined to the original worksof fine art, architecture design, architecture model. Droit de Suite includes personalrights and property rights. The personal rights of Droit de Suite request original worksof art should indicate the original author’s name and shall not be forged or tamperedwith, in the case of without the permission of the author, nor for the original"substantial" to delete the content. The property rights of Droit de Suite refers to anartist right of sharing the interests from the works of resale. The measurement basis ofDroit de Suite should be adopted for the total extraction, and the calculation of Droit de Suite should adopt the sliding provision ratio. Droit de Suite is only applicable topublic auction sites, and Droit de Suite should be exercise by the collectivemanagement organizations. Meanwhile, in order to ensure the effectiveimplementation of droit right system, Legislators should stipulate obligee’s right ofaccess to information and create art market information registration system. The termof protection of Droit de Suite should be the same as the copyright protection period.Finally, taking into account the protection of the public interest, Droit de Suite shallbe limited appropriately in certain circumstances.