Research On Performers' Right

Performers'right, originated from the capitalism, refers to the right which the performer could enjoy during his performing. It was a product of science and technology development. Lowke's Labor Theory of Property Rights and kant, Hegel's theory of personality property provide philosophical basis for performers'right. Scarcity of performers'skills and talents is the economics basis of performers'right. Performers'right is a independent right which is different from neighboring right,narrow copyright and personal right.In addition to those performing in literature and art,"performers"include those persons performing in non- literature and art. Players of artistic gymnastics, synchronized swimming, figure skating should belong to performers under certain circumstance."Performance"can be regarded as the behavior that performers openly perform works by various ways with his voice, image, action as well as its transmission and broadcasting by technical equipment. In the legal sense, there should be constitution factors, e.g. certain performing forms and open performing processes. It should be noted that moral right in the Copyright Law is different from personal right in Civil Law which states that personal right can't be inherited. Moral right of performers should be inherited in order to protect it better. In practice the phenomena of audio/video renting and mechanical performing is very common and it greatly affects the performers'economic benefits. So performers should be granted rent right and mechanical performing right. In China, the realization situation of performers'right is not optimistic because of the imperfection law's operability, inferior position of performers and driving force of various interests. From the analysis, the law should clearly stipulate realization approaches of performers'right to ensure that work in real operation. Permission, assignment and collective management of rights can be used as three ways to achieve performers'right.