Right Of Performers

There is theoretical basis and practical significance to protect performer’s right.by researching the legislation of other countries as well as the content of the RomeConvention,TRIPs, WPPT, and the latest concluded the Treaty of Beijing, Thisarticle aim to analysis the rights of performers from the subject of rights, the scopeof protection and the rights of content system combing, to clear the basic meaning ofthe rights of performers.Considering the third revision of the Copyright Law andpublished Copyright Law modify draft, the article aim to explore the lack ofcopyright law and completion on the protection of the rights of performers.The firstpart of this article first investigates the history and development of the rights ofperformers and legislation of other countries. The reason why civil law system andcommon law system has been adopted in different protected mode is that they havedifferent standard of originality. The basic position of this article is to define therights of performers are as neighboring rights, in accordance with the idea of civillaw. The second part mainly discuss subject of the rights of performers combinedwith the provisions of international conventions and foreign legislation, and analysestwo issues about definition existed in legislation and judicial practice.First, whetherthe one whose performances do not constitute a literary and artistic works is aperformer, second, whether corporation can be considered a performer. The thirdpart analyses the scope of protection of the rights of performers, namely theprotection of the rights of performers conclude sound performances, theperformances of the images or sound and images performance. Fourth part analysestwo moral rights and seven economic rights according to the current copyright lawand the provisions of international conventions. In addition, it comes to limitationsand exceptions of rights, the term of protection of the rights as well as a few issuesof the right in the movies. The fifth part is the conclusion of this article.In this paper, several research methods has been used: first, historical research,explore the origin of the rights of performers, as well as the development of thelegislation. Second, comparative analysis method, compare the two law systems, theprovisions of the legislation in various countries and different internationalconventions. Third, logical analysis method, discuss the basic meaning of the rightsof performers from the subject, the scope of protection and the content.Fourth, caseanalysis method, introduce related cases to illustrate the problem.