Discussion On The Establishment Of Resale Right In China

Since the 1820’s, Resale Right is more and more accepted by the countries, regions and international organizations. Since the 1990’s, Chinese scholars have had a in-depth discussion of Resale Right, however, the right has not been accepted by our legislators. Not until the amendment of the Copyright Law of the People’s Republic of China, considering the present situation of the Chinese art market, lawmakers accept resale right. Three amendments and formal amendment by the National Copyright Administration of the People’s Republic of China all include Resale Right, which respects the general trend. However, on the basis of different interests, supporters and opponents have divided attitudes the right and its establishment. The issues raised by the Resale Right system in our country mainly includes: first, the necessity and feasibility of this system in our country; second, how to establish this system specifically in China’s national conditions.The amendment of the Copyright Law of the People’s Republic of China provide an opportunity for us to analyze Resale Right systematically, clarify its concept and legal nature and theoretical basis, explore its necessity and feasibility in our country, analyze the present legal situation of Resale Right in our country and explore specific design idea of this system.The first chapter titled "The basic theory of Resale Right ". In this chapter, the Resale Right will be defined, the nature and theoretical basis of the Resale Right system will be analyzed.The second chapter titled "The necessity and feasibility to set up Resale Right ". The author believes that the establishment of Resale Right will protect the legitimate rights and interests of the copyright owner, prosper art market and participate in the exchange and competition of international art; At the same time the rapid development of the art market, the increasingly perfect laws and policies in China, the experience of international legislation practice and the development of collective management groups in our country have created the feasibility for Resale Right.The third chapter titled “How to set up Resale Right specifically in China ". In this chapter, the author will put forward the proposal for this question. Based on the experience of international legislation practice, the author will analyze various aspects of Resale Right, in order to better realize the positive role of the system.The conclusion of the text combing summarize, clears the author’s attitude of establishing the Resale Right system in our country, and recommendations.