Research On The Right Of Remuneration After Distribution Of Audiovisual Performance Work

A high degree of prosperity in the video entertainment industry, science and technology and a highly developed network of today, the rights of performers to maintain and safeguard their legitimate interests have become more and more difficult to control, deliberately copying and distribution of perform work in which performers engaged against the legitimate interests of performers common occurrences, the relevant international treaties and domestic law in China only on sound performers to give a degree of protection, by ignoring the protection of the rights of audiovisual performers. This makes the audiovisual performers, not through legal means to protect their legitimate rights and interests, the long run, not only the interests of audiovisual performers would be greatly compromised, and rights related to the interests of the industry will face varying degrees of damage. This article is to compare different models and analysis of legislation in terms of performance on the question about the right of the remuneration after the distribution of audiovisual performance works in the world, and make assessment on the success or failure of our existing legislation, then try to give sound recommendations.The first chapter by the two leads in the case of our audio-visual performers in the audiovisual performances of works by different right after the main advantage of the different treatment. I think under these two cases, combined with our legislation on the relevant provisions of the performers, analysis of the legislation have been paid for the right of audiovisual performers, the different requirements and the pros and cons of this legislative model.Chapter II focus on the different provisions of the international community to be paid for the right of audiovisual performers, as well as the reasons why national legislations rights entrust to audiovisual performers can not reach agreement. I mainly from the "WIPO Audiovisual Performers Treaty (Draft)" (hereinafter referred to as the draft WAPT) conference presented the proposals and statements by delegates, analyzes the main differences existing legislation on the founding of the focus of reality and contradiction.Chapter III of the draft WAPT audiovisual performers the right to be paid the relevant provisions, combined with the reality of our country, the perfection of legislative proposals. The author combines WAPT clause 8 and the provisions of Article 12 of the draft, if adopted, would give performers the right to be paid about what level of protection, then the reality of conditions in our country, make three complete our legislative proposals .