Research On The Rights Of Performers In The Perspective Of Beijing Treaty On Audiovisual Performance

Performers has emerged in primitive society, their footprints and human history accompanied by the line, but for the protection of performers can only be traced back to140years ago. With the continuous advances in recording technology and replication technology, communication technology, performances are recorded, and become a global currency commodity, these technologies are also changing the relationship between the performances and performers and performance users. National legislators come to realize the necessity of accelerating performers’rights legislation, the international community has made a positive response to this question, a series of international treaties is the best reflection. International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations set the economic rights of performers first time in an international treaty, Agreement on Trade-Related Aspects of Intellectual Property Rights expanded the scope of a performer’s economic rights in the world, WPPT admitted the exclusivity of the performer’s economic right, and for the first time set the moral rights of performers. These international treaties played a pivotal role on balance the protection of performers between countries. Beijing Treaty on Audiovisual Performances signed in2012played a epoch-making role on the protection of performers, it first extended the protection of performers to the audiovisual fixations. It ended the situation of the uncomprehened protection of the performers.After the signing of the treaty, the protection of performers’rights will be more perfect. In this case the systematic study of the rights of performers has its theoretical significance. The amendment of People’s Republic of China Copyright Law is ongoing, Beijing Treaty on Audiovisual Performances is bound to have an impact on the relevant provisions of the Protection of Performers. There is meaningful by the comparative study of performers’rights between our country and other countries, learning the mature legislation of foreign countries, to improve the performers’rights legislation in our country. At present, there is obviously insufficient on performers’ rights relating to performers’ rights subject and object, the content of the rights of performers and performers’ rights implementation and other aspects of legislation. Interpretation of the rights of performers in the perspective of the Beijing Treaty on Audiovisual Performances has the originality meaning. By interpreting the rights of performers’related legislation and theories, by parsing the definition of performers and performances, performer’s economic rights and moral rights, transfer of rights of performers, the collective management of Performers’ Right and legislative status in each country, by evaluating the right of performers’ relevant legislative provisions, by find out that lack of relevant legislative provisions, by exploring its possible impact on China’s Copyright Law modification and make recommendations on copyright law revision, to realization the performers’right of the systematic theoretical research at last. In this way, as the foundation of the text research, on the basis of the present situation of China, the author critiques the current situation legislation of the performers’ rights from the perspective of the legislation theory, thereby the author puts forward the improvement of performers’rights protection.