Research On The Establishment Of Droit De Suite In China

Droit de Suite,as a new right,was born in France in 1920.As the center of world art at that time,France's art trade market was prosperous.However,due to the unequal status of various subjects in the trading market,the phenomenon of “starving artists”was also increasingly fermented,which eventually gave birth to the “Droit de Suite”,which allows artists to share the money in the proceeds from the resale of their artwork.In the centennial development process of Droit de Suite,more and more countries have chosen to carry out legislation on renewal of rights.According to incomplete statistics,more than 80 countries and regions have stipulated Droit de Suite system in the world,and the United States has started to re-study the feasibility of this right,which has become the trend of future legislation of various countries.With the vigorous development of China's economy recently,people's material life has been greatly satisfied,and people have begun to seek to enrich their spiritual life.China's cultural market has subsequently become increasingly prosperous,including the art market.However,the art market is booming on the surface,but there is always a huge contradiction hidden behind,that is,the imbalance of economic interests between the artists who are in a weak position in the art market and the art resellers who are in a strong position.The phenomenon is common in the art market,especially in China,where the art market has boomed in recent years.China has started the third amendment to the copyright law,in this amendment,the national copyright administration also proposed to renew the right of recovery and included this right in the draft.Chapter one mainly proposes the disputes and problems existing in the establishment of Droit de Suite in China.Based on the basic concept and developmentof this right,clear that the fundamental cause of this right is the interests imbalance between artists and art dealers in the art market.With the promulgation of the Berne convention and the EC Artists Resale Right Directive,the development process of Droit de Suite is divided into three stages with its own characteristics.In the new development stage of Droit de Suite,countries of Anglo-American law system also gradually start the research on Droit de Suite to discuss the feasibility of introducing this right.This chapter will also summarize and analyze the legislative practice effect of Droit de Suite legislation in Britain and Australia in the new era of Droit de Suite development,explore the legislative attempts and studies of Droit de Suite in the United States,and finally summarize the necessity and feasibility of Droit de Suite legislation proposed in China.Chapter two mainly analyzes the necessity and rationality of establishing this right in China from the perspective of theory.This right has the obvious property characteristic and applies to the general rules of civil law of inheritance,which belongs to the copyright law,so the legitimacy and rationality of the existence of this right are explored from the perspective of the copyright law.Finally,this part also analyzes the different views and arguments of Droit de Suite held by the academia and the art market.Even though the income of artists has increased,the imbalance of economic interests between artists and art dealers still exists,so it is necessary to establish the right.This right will not lead to the loss of art trade,nor will it harm the interests of the national art market.Chapter three puts forward suggestions on the construction of Droit de Suite system in China,including the subject the object and the construction of mechanism in the specific operation of the right.According to the above analysis,Droit de Suite belongs to the copyright law,the subject of rights should be the author,heir and legatee,and the seller in the resale transaction should assume the obligation to pay resale royalty.In view of the particularity of the work and the carrier,Droit de Suite should be applicable to art works.In addition,Chinese legislators should focus on the enforceability of rights.Only rights can be manipulated,this right can realize the meaning of establishment.At the same time,considering the speciality of the object of this right,there shall be specifically in application between this right and other property rights under the the copyright.