The Right Of Performer

This paper intends to give advises to the real life through the system research of the right of performer. As a law system, the right of performer is influenced by the country culture deeply, while different national conditions mean different system, but some of them are the same. The paper interprets systems and institutions and makes modifications of them on basis of analyzing the national conditions and legislations with our country's realties.The first section of the paper reviews the history and legislation modes, points that the system of the right of performer looks alive though the history is short. Also we hear the message of modifying the legislation now frequently. Then the paper introduces two legislation modes in the world—copyright system and author's right system, different legislation modes make every detail of system different.The second section of the paper dissertates about the subject and object of the right of performer. I searches the very experience which matches with our country's realties, makes some modifications of the subject and object institutions though enumerating the national treaties and other country's legislation and analyzing the reason of them.The third section of the paper researches contents of the right of performer. The first part sets forth the general look of the performer's economic rights in the world though researching the national treaties and other country's legislation, compares with our country's legislation, analyzes advantages and disadvantages, and gives the suggestions of amendment. The second part expounds the importance and contents of the performer's moral rights, compares with other country's legislation, and gives the suggestions of amendment. The fourth section discusses the condition of implementing the right of performer. The first part intends to look for countermeasures by finding the problems in the process of transferring and authorizing the right of performers. The second part studies collective management of the right of performer, points that the society of collective management and performer labor union don't fit for the realties of our country, the only method is pioneering a new way for the protection of the right of performer in China. The three part points out the bug of law system in our country though discussing the limitation of the right of performer from the copyright limitations and protection period. The fourth part treats the problems of conflict of law and applying law. Besides existed apanage domination scheme, there is not effective institution to administer the related action for the sake of implementing the performer's interests.The last section is conclusion, summarizing the defects of the system of the right of performer in our country. We should base ourselves on realities, merits our reference, and constitutes the right institutions which match our national condition.