On The Performers’ Rights

The right of performer is one of the most important rights that should be protected by copyrightlaw. It contains two parts: the performer’s moral rights and economic rights. And between these twoparts, the protection from laws and regulations for moral rights of the performer is the foundation andpremise, while economic rights provide the material guarantee that the performer can make continuouscreation. Therefore, the combination of these two parts enables the performer move forward on the wayin the creation of culture and art.The first part of this article elaborates the subject of the performance and performers as well as thebasic meanings and theoretical concepts of the performer’s rights. In this part, whether sportscompetition and folk art performance can be regarded as performance which is same with theperformance in the right of performer and whether corporation and other organizations can be includedby the subject of the performer’s rights are particularly discussed. The study of basic concept can lay atheoretical foundation for the content discussed later in this dissertation.The second to five parts of this dissertation analyze the scope and concept of performer’s moraland economic rights. This part mainly discusses the relation and meaning between the four types ofperformer’s general personal rights which are right of name, right of portrait, right of privacy and rightof reputation and the right of performer. As for the problems of protecting the performer’s right, thisdissertation Puts forward a preliminary idea that is to Build a collective organization of performer inorder to safeguard their rights. These parts also analyze issues relevant to the exercise and limit of theperformer’s right.Performers play an important part in social culture communication. Their deep understanding ofdaily life and unique deduction of art and culture promote the development of human civilization. Thereare only a few regulations and laws of performer’s rights in our country and the protections forperformers are not enough. In order to solve this problem, perfect laws and regulations are needed inChina and lessons drawn from foreign legislative practice are need, too. Only in this way can the weakposition of performers be changed and a healthy and benign platform be provided for their development,so that performers can do much more for the cultural transmission in our country.