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追续权,是指艺术作品的作者就其作品原件的再次销售所享有的受益权利。目前已有40多个国家在版权法中规定有追续权或类似权利。鉴于近年来艺术品市场的繁荣发展,著作权法第三次修改草案首次将追续权引入中国,从法律上保障了艺术品作者从作品中再次获益的权利。但是草案中并没有对权利金的分享比例以及再次销售的交易信息如何获取作出规定,影响追续权的顺利实施。因此,比较研究国外立法、司法实践的相关经验,对于追续权的具体落实就尤为重要。
The right of renewal refers to the right of benefiting enjoyed by the author of the artwork for selling the original of his artwork again. At present, more than 40 countries have set forth the right of continuation or similar rights in the Copyright Law. In view of the prosperity and development of the art market in recent years, the third revision of the Copyright Law introduced the right of continuation for the first time in China, safeguarding the right of art writers to re-benefit from their works legally. However, the Bill did not stipulate the proportion of the share of royalties and how to obtain the transaction information again, which affected the smooth implementation of the right of resumption. Therefore, comparative study of the relevant experience of foreign legislation and judicial practice is particularly important for the concrete implementation of the right to follow-up.