认知、诠释与建构:原创作品流转中美术家获酬权享有路径

Cognition,Interpretation,and Construction:The Path for Artists to Own the Right to Remuneration in the Circulation of Original Works

美术家通常通过艺术市场流转其原创作品,合同是作品流转的主要途径,亦是美术家保障自身获酬权最直接有效的工具。对于商业经验不足的美术家群体而言,特别是视觉美术家,其在艺术交易市场处于弱势地位,故为保障美术家合法获酬权,我们建议应当通过立法或制度设计进行必要的干预,通过明晰合同条款,给予美术家合同性保障,将其从复杂的商业环境中解放出来。

Artists circulate their original works in the art market,and the contract is the main way to circulate the works,and the most direct and effective tool for artists to protect their right to remuneration.However,compared with the group of artists who are not experienced in business,especially visual artists,they are in a disadvantaged position in the art market.Therefore,in order to protect the legitimate right to remuneration of artists,this paper suggest that intervention should be applied in the legislation or institutional design,and give contractual protection to artists by clarifying the terms of the contract,so as to liberate them from the complicated business environment.