A Research On The Transfer Of Right Of Beijing Treaty On Audiovisual Performances

2012June, Beijing Treaty on Audiovisual Performances the protection of therights of performers is the history of a major issue that has milepost sense. One of thehighlights of Beijing Treaty on Audiovisual Performances is the transfer of the rightsof performers--the problem of protection of audiovisual performances over the years,international treaty on forming a breakthrough. The copyright law on the meaning ofthe "performers" traditionally refers to the various ways of performing the works ofliterature and art. For the music works composed of music and lyrics andchoreography. The dance works, if not the singers and dancers dance, can hardly bepublic appreciation. But for consisting of words plays and screenplays onlyperformances by the actors, in order to make the script of the story to show the mostincisive. It is because of the performer plays a key role irreplaceable for thedissemination of works, the international community has reached a consensus,"therights of performers" as the primary types of rights of neighboring rights recognizedby international treaties and national copyright legislation.However, the three international treaties "to protect the adjacent to the rightInternational Convention for the protection of performers, producers of Phonogramsand broadcasting organizations"(Rome International Convention for the Protection ofPerformers, Producers of Phonograms and Broadcasting Organizations)(hereinafterreferred to as """Rome Convention"),"trade related intellectual property RightsAgreement"(Agreement On Trade-related Aspects of Intellectual Property Right)(hereinafter referred to as "TRPIS") and "WIPO Performances and PhonogramsTreaty"(WIPO Performances and Phonograms Treaty)(hereinafter referred to as"WPPT") were not on the issue of "audio-visual performances performers’ rights"provisions.Why show international treaty on audiovisual form before recording andtransmission does not provide full protection? Why USA and the conflicts of interestin the protection of audiovisual performers intense problem? If the lack of a clear understanding of the problem, can’t correctly understand the real meaning of BeijingTreaty on Audiovisual Performances in key terms and after approval with the treatyshould China’s international obligations. Therefore, the Beijing Treaty on AudiovisualPerformances to transfer the rights of performers not only has theoretical value, butalso has important practical significance.In addition to the introduction and conclusion, the full text is divided into fourparts, about20000words.The first part,"Introduction to the transfer of performers’ rights." The mainobject of the analysis of the transfer of the performers involved in the transfer ofrights-the rights of performers, as well as the transfer of performers’ rights rules.The second part. This part, the author of Beijing Treaty on AudiovisualPerformances signed before the provisions of an international treaty on performers’rights in terms of the assignment were summarized and briefly describes thebackground and process Beijing Treaty on Audiovisual Performances.The third part Beijing Treaty on Audiovisual Performances assignment clauseinterpretation. In this part, the author uses WTO dispute settlement mechanism of thecommon interpretation of the provisions of "--" the thirty-first Vienna Convention onthe law of treaties, the provisions of Article32, carried out a detailed analysis andexplanation of Beijing Treaty on Audiovisual Performances performers rightsassignment clause.Enlightenment of the fourth part "the rights of performers assignment clause tochina". In this part, the author first through the "copyright law" to amend the relevantrights of performers in the draft transfer content in terms of rationality introspection,then modify the provisions on job performance the two release is in accordance withthe Beijing Treaty on Audiovisual Performances, the right to modify the two drafttransfer requires "correction" conclusion. And to clarify the Beijing Treaty onAudiovisual Performances rights assignment clause and Its Enlightenment to china.In research methods, this paper mainly uses comparative research method,historical research method, legal interpretation methods and empirical research methods. In the understanding of Beijing Treaty on Audiovisual Performancesconcept of right assignment clause and the basic characteristic, the author uses thecomparative research method, objective and comprehensive analysis of Beijing Treatyon Audiovisual Performances rights assignment clause and other similar terms, thecorrect understanding of the definition of the right to make provision connotation. Onthe legal analysis of Beijing Treaty on Audiovisual Performances transfer of rightsclause, the author uses the method of historical research, the development path of theprotection of intellectual property rights in modern times was objective summary. Inthe analysis of Beijing Treaty on Audiovisual Performances rights assignment clauseanalysis of methods and empirical Enlightenment on the legal hermeneutics, throughlegal hermeneutics approach to China’s "copyright law" revision draft of interpretationand analysis of the text, the provisions of the applicable conditions are illustrated, etc.