Should the artist’s resale right be introduced in China?

Abstract

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.