Research On The Legal Protection Mode Of Music Performance

Music performance is behaved by public performance or music work broadcasting. As to music performance, International convention permit member states to choose freely instead of requesting the way to protect performer's rights. Nowadays, there are two main ways to protect music performance in law. The one is protected by copyright law which is represented by England, America and Taiwan; The other one is protected by neighboring right which is represented by Germany and France. Common law protects music performance by copyright law which regard i:as "works" with no originality, but in this way it endowed the performers some limited property rights without confined the scope of the rights of performers. Civil law country pay much attention to Performance Rights and build neighboring rights, in order to protect music performance under the scope of Performance Rights,the contents of performers'rights are more plentiful than Common Law which include Property Right and Personal Right.The theory of protecting music performance by neighboring right is that performance is not a creative behavior but a broadcasting behavior based on an original work. The performers display original information through its own work instead of creating new information based on original information. As a result it can not acquire originality standard of works protection from copyright. In fact, the performance of music work is not confined to display the original work information. Music performance is a creative artistic behavior. The conductor, singer and player explain and display the music in different ways through their own understanding of music score. In this aspect, the performance of music work played by the performers is a re-create of exist work which is not a way to broadcast work but a creative work in copyright aspect. More than that, whether the copyright or neighboring right mode the world uses to protect music performance, the real contents of Performance Rights is near to copyright not neighboring right.Since music performance is a work in copyright meaning, the definition of music performance rights given by all countries is near to copyright, then we should protect music copyright. The owners of Performance Rights belonged to copyright is performers including everyone but not defined to the people perform literary and artistic works. The original gainer of Performance Rights is natural person, judicial person and other organizations only be the successive person. The object of Performance Rights is a mix of all kinds of performing factors such as language. Movement image and skill used in the process of performing. The performer's personal right includes the right stating its identity and the right of protecting the perfect performing image. Property right should include Reproduction right, Rental right, Showing right and Information Network Propagating Right and other rights that the copyright holder own.Nowadays our country protect music performance in neighboring right mode, but there are a lot of disadvantages.Such as the nature of the Performance Rights is inappropriate, the definition of the object of Performance Rights is not accurate.It not only remove the protection of the people who performs non-literary and non-artistic works, but also remove the protection of ad-lib. Therefore, we should adopt copyright protection in the third revision of copyright.