Study On Performers’Mental Rights

In the current rapid development of digital technology and the internet, the form of performance, there are great changes have taken place in the mode of transmission and dissemination of the performances. Which is associated with the performers’spirit in the form of infringement of rights, the scope of the infringement also increasingly showing new features, traditional performer’s structure of mental rights and the protection of the validity of unprecedented challenges? This article through to the performers of mental rights, rights of content structure of the system research, to properly solve the performers ’mental rights disputes provide valuable theoretical support also for better applicable copyright law on the rights of performers’spirit in the content, and provide the possibility for judicial practice reference of the dispute settlement mechanism. This article and philosophy, law, sociology and comparative jurisprudence theory as the main research tools Because of the performers mental rights discussed from the point of view of logic has strong theoretical, and the spiritual rights of performers is a kind of social rights, Therefore, applied legal philosophy and legal sociology research methods such as method of performers mental rights and legal protection system to study has certain feasibility.This article will be divided into five parts, the first part through to the distinction between the related concepts such as performance, performers, performers’ rights and the historical evolution of the spirit as well as the performers of the value structure of spiritual power and legitimacy, etc to elaborate the theoretical basis of performers’ mental power. At the same time, using the right analysis of the general constitutive requirements of the subject, object, content, third, we need to create this spirit of performers rights ’structure, formation of spirit of performers’rights system.The second part mainly elaborates the performers’mental rights infringement. Performers mental rights infringement can be divided into direct infringement and indirect infringement, not only can distinguish meaning lies in reasonable on expanding our scope of protection of intellectual property, that the spiritual rights of performers get maximum protection, but also can accurately distinguish the performer right infringement spirit of constitutive requirements.The third part mainly discusses the performers’mental rights restrictions and exception. Any rights are not absolute exclusiveness, right from the process of production to the development and the interests of others and social public interests conflict is inevitable, the spirit of performers’rights is no exception. Therefore, in order to coordinate the performers at the same time of reasonable enjoy spiritual rights according to law and legitimate interests of others and the contradiction and conflict between social public interests, to the spirit of performers rights restrictions and exceptions is very necessary.The spirit of the fourth part is mainly to the performers rights comparative method of study, first examines the international conventions as well as France, Germany, Japan, the United States, Britain, and our country’s legislation present situation; Secondly has carried on the comparative analysis, reflects the spirit of the present international performers rights protection and the differences.The fifth part mainly discusses the performers’ mental right of modern predicament and refactoring. through a series of international treaties gradually identified the performers, the protection of mental rights, but the theory and judicial circles on the rights of the debate has never stopped, the modern plight of performers mental rights, based on the core and focus of debate, therefore the refactoring will appear very necessary. Specifically, the reconstruction of the spirit of performers rights mainly embodied in reconstruction of the personality right and relating right laws about the spirit of performers rights and reconstruction in contract law and the relating right law on the rights of performers mental relationship between two aspects.