| The outbreak of the COVID-19 epidemic has accelerated the changes in the global art market.The following changes have also occurred in the art market in our country— the rapid development of online sales in the art market,and the combination of blockchain technology and digital artworks to give birth to NFT art.In particular,the resale royalty right-like clauses appearing in NFT art have drawn researchers’ attention back to the long-forgotten resale royalty right.Nearly 80 countries around the world have adopted the resale royalty right as a means to protect the interests of artists and stimulate the development of the art market.In order to prosper our country’s art market and build an international protection system for artists’ resale right,the research on the establishment of our country’s resale royalty right system must continue to advance.At present,the international resale royalty right system has entered a stage of stable development.Generally speaking,the legal framework is basically unified,and there are differences in specific regulations.Behind this difference is the different understandings and choices of countries on the justification,nature and legal relationship of the resale royalty right.Based on the current market situation in our country,the theory of royalties paid by brokers can accommodate the particularity of digital artworks,and is suitable to be the basis for the legitimacy of the resale royalty right in our country;The theory also reveals that the right is essentially the royalties paid by the obligor to the obligee,that is,the resale royalty right should be the property right of the copyright;the subject of the resale royalty right should be the author and his heirs,and the subject of the obligation should be the assignee of the original artwork;The object of the right should meet the specific requirements of the public’s internalization of works of art.Therefore,manuscripts and applied works of art that are more controversial should not be included in it;the content of the resale royalty right is the method of collecting the resale payment.Through the above analysis and reference to foreign legislative experience,the basic legislative framework of our country’s resale royalty right system can be designed: subject,scope of application,provision method,measurement basis,provision ratio,measurement threshold,restriction,transaction type,operation mode,duration,etc..In addition,it can be seen from the development of NFT art that the application of blockchain technology helps the resale royalty right system to function well. |
