Study On The Choice About The Legal Protection Mode Of Performer’s Right

The performer’s right is enjoyed for its performance proprietary rights, which differs from the author’s. Performer’s rights arose from the propagation technology advances. As the recording and transmission technology appeared constantly, the performer lost control of his "performance", and then the legal protection of the performer right also gradually formed a variety of pattern choice in the world.In this paper, through the study of the protection modes of performers’rights of representative countries, analyze the theoretical basis and the rationality of the existence as well as shortcomings of these patterns. At the same time, this paper uses the methods of comparative analysis to investigate the power system of its author and copyright system countries to performer’s rights protection legislation based on the concept of difference, analyze the different performer’s rights protection modes and the differences of right content. Through analyzing the different patterns of theoretical foundation, it clarifies the nature of the right of the performer, classifies the different situations of performer’s rights and advocates creation to reach a certain height and up to the standard of work the composition of the performing actions that shall be protected by the law and the rights protection of original relatively lower performance behavior. Using "dichotomy" to protect performance behavior, and then reflects the just, fair of legislation. This paper is divided into four parts.The first part, introduces the background and development of the performer’s right track.The second part, first of all, introduces the main representative of performers rights protection models, then analyzes the rationality of the theoretical basis and deficiency and classifies the different rights protection modes mainly by inductive performers.The third part, through the original standard of all countries to inspect and original point of view to analyze the nature of rights of performer and explain the rationality of interpretation rights of performers and the system to protect right of the author.The fourth part, reviews the status of performer’s rights protection in China and perfects the research. It advocates giving copyright of the performer’s rights of producing highly, the relating right protection of the right to create highly low performers and no right protection of an unoriginal performance behavior.Comparative analysis of different countries to protect the rights of performer won’t ends in a kind of protection mode of system. Different countries adopting different pattern, have their inevitable reasons. Only if adopts the most suited one to its national conditions to protect method according to the actual situation of their own, not only can it reflect the protection of the rights of performers, but also it won’t hurt the rights of the author, we can achieve the essential aim to protect copyright law.