Research on Resale Right System

Abstract

Droit de suite, named resale right in English, refers to the renewal right enjoyed by the author of the artwork of drawing a certain proportion of the increased value of the original work in the subsequent public resale of the work that has been sold. The establishment of resale right is based on the principle of fairness to protect the rights and interests of the authors of the artworks. But the establishment of resale right is bound to affect the interests of the middlemen and investors, and even the development and stability of the art market. Resale right originated in France, known as artist's resale right. Most civil law countries have provisions on resale right. Resale right has not been introduced into our country for the time being, and the debate on the legislation of resale right still exists. The focus of the debate lies in the balance of personal and social interests between the creator and the stability of the art market. Based on a systematic exposition of the basic theory of the system of resale right, the status quo of legislation at home and abroad, the value of the focus of controversy, and the development of the art market and the status quo of the legal norm in our country, this paper tries to present the theoretical research and the status quo of the system of recourse objectively and comprehensively, and to provide the reference of the necessity and rationality of the system of resale right in China.