On The Legal Regulation Of Resale Royalty Right In Our Country

In 1920, France became the first country in the world to establish droit de suite, in order to resolve the increasingly intensifiredcontradictions between artists arid art deniers at that time. Sinee then, Cermany. Ctaty and many ether ecuntries and regians have established droit de suite. In 1948 the Berne Conventiorn Brussels text droit de stute, and the European Union also proomulated the European parliament arid of the council of art works about the original author after retnewal of the right of directive 2001/84/EC" (hereinafter referred to as the EU "directive"), further expanding the scope of application of droit de suite in the world. Although our current implememation of copyright law of the People’s Republic of China (hercinafter referred to as the "copyright law") yet appear to relevant provisions of droit de suite, but in onr country started in 2012, "copyright law" the third amendment, made clear in the "copyright law" in the draft amendments to increase droit de suite. However, for the "copyright law" amendment Should add droit de suite has attracted widespread controversy. Therefore_ it is necessary to carefully study the specific content of droit de suite under the realistic background~ to make a clear judgment on whether to introduce droit de suite, and make a further analysis on this basis.For droit de suite, traditional research methods mainly closely subject, object and the concrete operation cow,tent to laurch the elaboration, but there are drawbacks in this understanding. The unity of opposites of right and oblingation, and Simply around the right to discuss is not biased and one-sided. And in accordance with the principle of balance of interests in the theory of intellectual property rights, the distcibution of the interests of the law, comes down to the distribution of rights arid obligations There%re, we carefully study the right of the right holder Should enjoy the right, but also need to take seriously their obligations, Give up the research ideas of the right as the core, instead of using the concept of legal relationship, then the research scope of droit de suite will be based on the subject, the object and the content of the operation, expanded to remedies for droit de suite, making the whole research system more complete, train of Nought is more clean.