The Protection Of Audiovisual Performers’ Rights

Beijing Treaty on Audiovisual Performances has been adopted by the DiplomaticConference held by WIPO in Beijing,2012. Before that, the three great internationaltreaty on neighboring rights have entitled the performer rights to protect itsperformances fixed in the phonogram, also called sound recording, but theperformances fixed in the audiovisual fixation is not included.Beijing Treaty provides that the performer shall enjoy the moral rights and therights of reproduction, distribution, and making available. The parties of the treaty canalso entitle the performer with the rights of rental, broadcasting and communication tothe public. Therefore, the treaty brought an end to the history of unprotectedaudiovisual performances.In the meantime, the third revision of copyright law has been held in China,which drew wide attention of the public.The author is trying to answer three questions with this thesis: first, what is thefoundation of the audiovisual performers’ rights; second, what kind of legalframework should Chinese legislatures adopt; third, whether the so called secondaryright of remuneration.In Chapter One, the author will analyze the rationality of bringing neighboringrights to protect the performers, conclude the reason why the great three treaty onneighboring rights has not given the full protection of audiovisual performances, andgive a clear thought of the scope of audiovisual performers’ rights with a discuss about Beijing Treaty.In Chapter Two, the author will conclude several plans of framing the ownershipof audiovisual performers’ rights, evaluate the current framework in China, andestimate the potential problems appeared in the Revision Draft.In Chapter Three, the author will evaluate the necessity of providing a secondaryright of remuneration with clarifying the duty set by treaties and analyzing therationality.