The Performers' Rights And It's Legal Protection

It is only in the last 130 years, since the development of the phonogram, that technology has been developed that has allowed performance to be exploited; previously, they had been transitory. Sophisticated means of fixing performances and of broadcasting or communicating them to the public have forever changed the relationships between performers, performances and audiences. In doing this, technology has forced the law to confront the problem of protecting performers against the unauthorized exploitation of performance. Facing to this challenge, international response immediately, through put some treaties into practice.Following global legal trends, our country's intellectual property law have undergone significant changes over the last three years. But performers' rights are a relatively new element in the intellectual property law. There has been little discussion of the rights of performers in China, and those rights are not well understood, which has result in the plain protection for performers. The purpose of this paper is to seek community input on the question of whether our country should amend its performers' right regime to provide performers with a higher lever of protection than they currently have. So the opening chapter has briefly described the nature of the problem that confronts performers. Then, in the following chapter has compared the performers' rights and it's legal protection, not only with international and other countries, but also with our country itself.In a word, considering about the continuing development of technology that enables performance to be exploited, and international response and trends in the protection of performance, the aim of this paper is finding any gaps that may exist in the current legislation.