Should the artist’s resale right be introduced in China?
Dai Zhe Lecturer, Faculty of Law, Jinan University, China

Search for other papers by Dai Zhe in
Current site
Google Scholar
PubMed
Close
and
Zhang Yuqian Research assistant, Faculty of Law, Jinan University, China

Search for other papers by Zhang Yuqian in
Current site
Google Scholar
PubMed
Close
Restricted access

The artist’s resale right has been recognized by countries around the world in an effort to protect artists. However, despite having one of the largest art markets in the world, China has not yet established the resale right. During the last revision of the Copyright Law, although the resale right was introduced in a draft amendment, this legislative attempt ultimately failed. Considering China’s important position in the world art market, there is still controversy surrounding the question of whether China needs to introduce this right. Tracing back the causes for China’s legislative failure, it can be seen that the main reason is that China misunderstood the rationale for the legitimacy of the resale right. According to the ‘balance among authors’ theory and considering the need to protect the interests of artists, China should introduce this right. Moreover, since China already has a strict regulatory mechanism for the art market, the country meets the conditions for the successful implementation of the resale right, which means that it can be introduced relatively easily in China.

Contributor Notes

Email: daizheking@126.com. This research was funded by the National Social Science Foundation of China, Project No.20CFX054.

Corresponding author: Email: qian_zhang@163.com.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Purchase

Pay to Access Content (PDF download and unlimited online access)

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account