The Artist’s Resale Right Dispute: A Case Study of China, EU and US
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The resale right is a legal system aimed at protecting the rights of the authors of artworks. Since the establishment of the resale right in France in 1920, especially the implementation of the EU’s Resale Right Directive in 2001, the disputes on the system of the resale right have never stopped. In 2016, overtaking the United States and all EU member states, China has become the number one country in terms of global art trade turnover. Furthermore, with the globalization of the art market, disputes on the resale right between China and the EU and the United States, as well as other advanced countries, are inevitable. This paper introduced and compared the differences between the main contents of the EU’s Resale Right Directive and those of EU member states, as well as the United States. This paper also analyzed three examples of disputes on the resale right in France, Germany and the United States, which lead to some questions that are likely to be controversial and worth thinking about when China introduces the resale right into the Copyright Law in the future. But at the same time, this paper also pointed out that even with the above-mentioned disputes that may arise after the introduction of the resale right in China, China’s introduction of the resale right would still have many positive effects, such as helping to stimulate Chinese artists' passion for creation, improving the international competitiveness of Chinese artists and their artworks, and promoting the negotiation of China-EU FTA, etc. Based on the above disputes and positive effects, this paper points out that China is necessary and feasible to introduce the resale right, and we can learn from the EU's policies and measures to achieve a better construction of the resale right system in order to protect the vital interests of Chinese artists and further develop the artwork market in China.
Abstract
The resale right is a legal system aimed at protecting the rights of the authors of artworks. Since the establishment of the resale right in France in 1920, especially the implementation of the EU’s Resale Right Directive in 2001, the disputes on the system of the resale right have never stopped. In 2016, overtaking the United States and all EU member states, China has become the number one country in terms of global art trade turnover. Furthermore, with the globalization of the art market, disputes on the resale right between China and the EU and the United States, as well as other advanced countries, are inevitable. This paper introduced and compared the differences between the main contents of the EU’s Resale Right Directive and those of EU member states, as well as the United States. This paper also analyzed three examples of disputes on the resale right in France, Germany and the United States, which lead to some questions that are likely to be controversial and worth thinking about when China introduces the resale right into the Copyright Law in the future. But at the same time, this paper also pointed out that even with the above-mentioned disputes that may arise after the introduction of the resale right in China, China’s introduction of the resale right would still have many positive effects, such as helping to stimulate Chinese artists' passion for creation, improving the international competitiveness of Chinese artists and their artworks, and promoting the negotiation of China-EU FTA, etc. Based on the above disputes and positive effects, this paper points out that China is necessary and feasible to introduce the resale right, and we can learn from the EU's policies and measures to achieve a better construction of the resale right system in order to protect the vital interests of Chinese artists and further develop the artwork market in China.
참고문헌 (18)
- Bin Ye, "Changes and implications of EU trade agreement policies", Legal Perspective
- Chengbo Gu, "Exploration of China's Resale Right Construction Based on the EU Resale Right Directive", Journal of Dalian University of Technology(Social Sciences) (2015)
- Development strategy of Chinese artwork industry, "Toward the international vision and China's path of the 13th five-year plan", Journal of Shanghai University of Finance and Economics (2015)
- Huang Yu, "Thoughts on Introducing the System of Resale Right in China", pp.2017
- The Protection System of the Resale Right Artworks from the Perspective of Empirical Economic Analysis, "Huaiwen He", ~ (2014)
- John Henry Merryman, "Law. Ethics. And Visual Arts" (2007), Kluwerlaw International
- Leonard DuBoff, "Art Law in a Nutshell" (2011), Intellectual Property Publishing House
- Ming He, "Research on system of Droit De Suite", Zhongnan University of Economics and Law (2017)
- Mu Xi, "Chinese Art Market: Development and Reflection", PR World, 14, pp.108~ (2018)
- See Simon Stokes, "Artist's Resale Right (Droit de Suite) Law and Practice. ‘Crickadarn’", Institute of Art and Law (2006)
- On the Justification Analysis of the Resale Right into the Copyright Law, "Shumin Ding", Central China Normal University, ~ (2017)
- On the construction of the resale right works in China, "Yahong Wu", Legal System and Society, ~ (2015)
- Study on the legislation of the resale right in Germany and its enlightenment, "Zhe Dai", East China University Of Political Science And Law, ~ (2016)
- Study on the protection of the resale right of foreign authors in China, "Zhe Dai", ~ (2016)
- China Culture News, "Rethinking about the resale right of art", ~ (2016)
- China Culture News, "The influence of the resale right on the French art auction market", China Culture News, May, ~ (2017)
- China Culture Daily, "The Impact of the Resale Right on the French Art Auction Market", ~ (2017)
- China Culture News, "The development and change of Chinese artwork market", ~ (2018)