Study On The Performers ’ Rights

Performance is an important literary and artistic eventscommunication and expression, performer promote the spread of literaryand artistic works, they are promoting the development of humancivilization and an important force. Performers pay hard work to the show,with the communicator status, performers in their performances havelegitimate rights demands. Meanwhile, the law also provides moreadequate philosophy basis and foundation for the protection of the rightsof performers. However, China’s current legislation on the protection ofperformers ’rights deficiencies, the case against the practice often do notget adequate relief of some of the performers’ rights. Based on thehistorical origin of the right of performers to produce, basic philosophy oflaw and protection of the rights-based empirical research, considerationcould be given to the content of Article 38 of the Copyright Law beamended and improved to performers fuller right relief and bettersafeguard the legitimate interests of the performer. By strengthening theprotection of performers’ rights in order to improve the protection ofperformers and practitioners initiative, thus providing a solid legalguarantee for cultural prosperity and development. Both the copyrightprotection of performers’ rights legislation of mind, but also the wish topromote the healthy development of show business and the entertainmentindustry.The introduction of this paper, the research background, researchstatus and research methods are described. After the first part reviews thehistorical development of the right of performers, look for the historicalposition of performers. The second part describes the philosophicalfoundation of performers rights law. The third part around the subject ofrights of performers the right to elaborate, analyze the characteristics ofindividuals and units on the identity of the subject of the right performer.Fourth part of the contents of performers rights. The fifth part of theperformer’s right to amend proposed legislative proposals.- Especiallysince the Copyright Law Article 38, paragraph 1, subparagraph 2 may beamended as follows:. "Protection of Performers, image is not distortedand unauthorized abuse," though not mature, but it is our twenty-fiveyears since the enactment of the Copyright Law, practice and academiafirst proposed this legislative proposal. Perhaps become China’s copyrightlegislation or legal research and constructive comments. The last part isthe conclusion of the article.