The Research Of Performers’ Rights System In Our Country

As a legal system, the system of performers’ rights in a country is influenced byvarious factors, especially a country’s historical tradition, the level of development ofeconomy and culture, and the degree of open and communication with other countries.A country’s system of performers’ rights is related to the direct benefits of performersand other relevant subjects straightly. So we have to enhance the research of theperformers’ rights system. In this paper, the research of our country’s system ofperformers’ rights is based on the theories of philosophy of law and the economics.And by combining relevant international treaties and the systems of other countriesand also by analyzing our every legal rule on performers’ rights at present, we couldfind the differences between our country’s system and international treaties and othercountries’ systems. And in combination with our country’s present level ofdevelopment of economy, culture and society, and also every subjects’ appeals, so thatwe could put forward some suggestions on reconstructing the system of our country topromote the development of economy, to coordinate the social relationship and toprotect relevant subjects’ interests.This paper is mainly consisted of four parts. The first part is the introduction ofperformance and performers, which summarizes the definition of performance and therange of performers in combination with the relevant rules in international treaties andother countries’ law. And then it is the general theory of performers’ rights whichcontains the theoretical basis of performers’ rights generation and the historicalevolution of the performers’ rights. The second part is the introduction of ourcountry’s system of performers’ rights，which contains the content and limitation andexception of performers’ rights,and also the expansion of performers’ rights. Thoserights from Rome Convention are called fundamental rights, and the other three newrights from WPPT are called the expansion of performers’ rights in many works. Inthis paper, we call these rights from our country’s copyright law fundamental right,and other rights which are from relevant international treaties or other countries’ lawbut haven’t appeared in our law the expansion of performers’ rights. The third part is the comparative analysis of the system of performers’ rights in America, England,France and Germany. We also discuss the differences of kind and amount ofperformers’ rights in these countries in view of the different emphasis in lawphilosophy and the different completeness of the other laws. The fourth part is thesuggestions on reconstructing our country’s performers’ rights system. As to thedefinition of performance and the range of performers which are discussed a lot atpresent, we could set up the definition standard of performance by summarizing thecharacteristics of performance, and also in combination with the performing objects,so that we could define the performers who are protected by the law. Besides, we alsosuggest our country grant performers the publication right of performance andsupplement the right of identify himself as a performer.