The Research Of The Performers' Rights

As a legal system, performers'rights are influenced by the economic and cultural of one country deeply, while different national conditions mean different system, some of them are same. At present, our country specializes in performers'rights system article does not see more, But modern communications technology development by leaps and bounds and cultural exchanges increased, It is necessary for us to realize the system of the performers'rights, correctly interoperating other countries'law system. And on this basis, with the reality of our country, the problems existing in the legal system in China, reconstruct performers'right system.The research on the performers'rights can be broadly divided into four parts, One is the general theory of performers'rights, Firstly, investigating the change of the performers social status and the historical evolution of the performers'rights. Secondly, from property labor theory, the personality property and economic view demonstrates the legitimacy of the protection of the performers'right. The last defines the nature of the performers'rights, The definition of academics on the nature of the performers'rights include" personal rights theory", "labor value theory", "alone right theory" and " similar copyright theory ". But anglicizing the performers'right subject, performers'right object, performers'right content, it's easy to know that performers'right properties should be the copyright, rather than similar to copyright.. Two is the contrast and reference of performers'rights. Through the study of international conventions and countries'legislation, comprehensively understand the performers'system of other'countries, in order to provide reference for our country system on protecting performers, And for below introduced the idea of performers right system lay the foundation. Three is the actuality of protection of performers'rights in China. At first, this paper describes revision background of China's copyright law, secondly analyzing China's copyright law how to protect performers'rights. Finally, the paper summarizes the performers'rights limitations. The fourth is the reconstruction of performers'rights system, including three aspects.Firstly, the subject of the performers'rights. World legislation on the performers extension issue dispute mainly focused on performers category "narrow said" and "generalized said", the performers qualification "natural person said " and "all people say". With the social progress, performance forms increasingly diverse, we should encourage more people to perform the activities, will broaden the scope of performers, we should not only protect the lawful rights and interests of generalized performers, should also expand performers'subject qualification within reasonable in category, Making it include legal persons, other unincorporated organizations. Secondly, the object of performers'right, not all the performance can become performers'right object, as the object of performers'right,it's required to satisfy certain conditions. Moreover, performers'object has originality and independence, possessing works attributes. Thirdly, the content of performers'right.At first, introducing relevant contents of performers'mental rights, including the content of performers mental rights, the challenges of network environment on performers mental rights, and under the network environment, protection mode of spiritual rights and practical way. Last, telling the relevant content of the performers'economic rights, including performers' basic economic rights and expansion of economic power. The basic of the Performers' economic rights refers to the right of the first fixed performance; the right of permitting others to spread or broadcast lives performance to public; the right of copying; the right of receiving pays. The expansion of economic power refers to the right of distribution right, the right of rental, the right of providing information network.