Economic Analysis Of Law Of Droit De Suite

In the draft of the proposed amendment to the PRC Copyright Law, Droit de Suite (resale right) has been added. Resale right means visual artists has the right to share in value of their work in sales subsequent to the original sale. Droit de Suite as a right aimed to provide more protection to the property of the visual artist is full of controversy as it has been designed. There are much discusses about whether resale right can provide more economic interest to visual artist. The proponents believe that Droit de Suite has an effect to provide more economic interest to visual artist, but the opponents argue it has an effect opposite of it intended. Besides, providing more protection to the visual artists has caused considerable controversy. The proponents argue that visual artists fail to get equal protection, so there is a need to provide additional protection for visual artists. But the opponents argue that visual artists have got enough protection. As a right full of controversy, this paper discusses these contentions to make these issues clear and provide some proposal to the draft of the proposed amendment to Copyright Law.This paper has four parts. Part I provides a introduction of the Droit de Suite, involved the history and the design of resale right, etc. Part II provides an analysis about the nature of Droit de Suite. Droit de Suite is a moral right or a property right also is a subject of much controversy. And the nature of Droit de Suite has an influence on the economic analysis. If Droit de Suite is a moral right, it may be worth to implement even it has an effect opposite to visual artist on the economic interest. Because Droit de Suite provides more moral protections for visual artists. Part III provides an economic analysis about Droit de Suite with economic method, involved the influence to visual artists, art merchant, auction market and the social welfare. Part IV provides an answer to the controversy about additional protection for visual artists. Because visual artists need additional protection is the premise to implement Droit de Suite. If the premise is unreasonable, there is no need to implement resale right. And if it is reasonable, it may be necessary to provide other right to protect visual artist even Droit de Suite fails to provide enough protection for visual artists.