Study On Legal Protection Of Performers’ Right Of Music Work

The rapid development of technology, greatly promote the spread of music performance, and the performers should not only compete with peers also compete with records carrying their performance, breaking the balance of vested interests between the copyright and neighb oring right holders, thus the voice from music performers for protecting their own rights is higher and higher. Selecting musical performers’ rights as research topic is out of consideration for the special nature of musical works——there are constituent elements of symbolic,manifestation of duality and listening pleasure focus. Through studying other nations more comprehensive legislation of performers’ rights,we could find that the legislation concerning musical performers’ rights of Chinese Copyright Law is too vague, even in legislative gap,and many rights are difficult in realization. At the time of Chinese Copyright Law revision, China should improve the rule about musical performers’ rights. Legal right finally be realized in practise is true right. Law should give operational guidance to these basic categories such as the definition of the scope of music performers, the exercise of mental rights, the realization of economic rights, establishment of the collective management system and so on,which sets up an example for obligees、users and justice.Despite of law lag,if we lucubrate performers right of music works and grasp the direction of technical development, the enacted law not only is scientific and rigorous,but deals with technical spike calmly.