Research On System Of Right Of Droit Under The Vision Of Art Market Cultivation

The right of continuation refers to the right of the author to extract profits from the value-added part of the original works such as fine arts after their first transfer.France first created the right of continuation in 1920,which was recognized by many countries.At present,more than 80 countries have stipulated the system of the right of continuation.China's Copyright Law(revised draft submitted for review)stipulates the right of continuation,with the aim of"encouraging creation and integrating the right system",There are two main reasons for this:on the one hand,there is a very large value-added space in the circulation of excellent works of art in the market,objectively speaking,this part of value-added is closely related to the positive professional evaluation of the continuity of the author by the society.Therefore,giving the author the right of continuity is conducive to promoting the fair distribution of the value-added benefits of the follow-up market circulation of works of art;on the other hand,along with our country.The prosperity of the art market and the degree of integration with the international art market tend to deepen.Under the background that the main art market countries and regions clearly stipulate the protection of the right of continuation,the establishment of the right of continuation system is conducive to promoting the exchange and integration between China's art market and the international art market.According to our national conditions,the author believes that in the design of the right of continuation system,we should implement the concept of balance of interests and take into account the interests of the relevant subjects in the art market.Therefore,from the perspective of promoting the development of China's art market.it is of practical significance to study the right of continuation.While the revision of the Copyright Law in China is still under discussion,this paper,based on the relevant provisions of the Copyright Law(revised draft submitted for review),examines the special functions of the system of the right of continuation in stimulating artistic innovation and cultivating related markets from the perspective of promoting the development of the art market,and based on the current situation of the art market in China,analyses the establishment of the system of the right of continuation in China's art market.And the significance of artistic creators.This paper holds that the establishment of the right of continuation system can better motivate artists to actively create and gather the strength of artistic groups,thus expanding cultural influence and enhancing China's right of speech in the international art market.On the basis of clarifying the concept,nature and attributes of the right of continuation,through analyzing the mature experience of several representative countries of the two legal systems and combining the current situation of the development of the art market in China,this paper puts forward a series of ideas for establishing the system of the right of continuation in China.