On The Right Of Performer

Performer has produced in the remote ancient, but the right of performer production actually is the modern times. As a result of the science and technology progress, concrete saying is because Thomas Edison invented the phonograph and enable this invention to have the reality to be possible to be operational and the universality causes the audience not need to arrive personally the scene to be able to feel performer's performance. In this kind of situation, audience's massive draining, They don't need to pay any extra expense to be allowed to appreciate to performance and depended on the actor which the performance admission ticket obtained the reward also to lose has obtained the reward the opportunity. This kind of situation continued to create the massive actors' unemployment and directly to cause the literary enterprise the deterioration. There upon produced regarding performer's protection.Looks over the various countries to the right of performer legislation, has several kind of different legislations patterns. Some used has been neighboring right protection way (France, Germany, Italy, Japan and so on) .Some used the performer right to equate with the copyright protection way (Australian, our country Taiwan area and so on). Some have selected the protection method which alone legislates (England and so on). Our country used has been next the power protection way to protect the performer right. The reason Uses next the power to protect the performer power is because the performer power is the copyright derivation rights , it is take the copyright as the foundation one kind of disseminator right. It is take the copyright as the foundation one kind of disseminator right. But I actually thought no matter is from the performance angle or from the legal angle looked the performer power all should be one kind of relatively independent right, should use equates performs to the copyright way to it to protect.First, looked from the performance angle, performance certainly is not to the text simple duplication, In the performance process, the actor basis certainly not the merely script, is oneself which have been more for many years to artistic and the feeling of life , The actor will live in the performance process the accumulation and the script unifies the way which to oneself was in sole possession of to unfold for the audience, therefore the text to performer's performance function will be the indirect direction but is not the complete instruction. Performer in performance process although must track down the text, but he is using own experience and the skill carries on the creative work. Moreover, considered from the copyright owner and performer's relations that, gives the performer certainly not to sacrifice author's benefit by the right, thus causes the author to reduce the creation drive is the cost. In modern society complements one another copyright owner's benefit and performer's benefit. At the same time, the right of performer has Originality. Because the copyright protection is not the thought is the thought expression way. The performance also can fix on some kind of specific carrier, therefore performs conforms to the work constitution important document.Next,through analysis various countries law standard and international convention, the country which position is neighboring rights protection way has stipulated performer's personal rights by different form. The traditional neighboring rights more attention the property right, performer is only one enjoys the personal rights in that country. Looked from the neighboring rights essence,it should not include the performer who has the personal rights .Looked from Legal principle theory of law, it isn't appropriate that protect the different main body as the same way. Therefore, the contents of the performer's right just same to copyright .International aspect, The world intellectual property organization Performances and Phonograms Treaty (WPPT) acknowledged for the first time in the international joint pledge the performer enjoys the energetic right. The international convention also has the tendency to the performer right related standard which further fuses with the author's right content.Through the above pro and con two aspects analyses, we may draw such conclusion: we should use the right of performer to equate with the copyright protection way protects the performer.