Study On The Legal Protection Of Derformers’ Right

The performers in the dissemination of dance, movies etc. these works of art, with their unique performance style, skills and unique personal charm to the works to add vitality and new impressions. Audiovisual works, actors and singers according to the script and score,based on fully understanding the role and songs on the second or third. It can be said that the creation of audiovisual works is the most successful performers actor or singer to the modern economy, the rapid development of technology as a performer, development provides an important condition. But when the show is fixed on a carrier, for the performer itself and after the recycling is no longer important, the performers shall enjoy rights constitutes a great threat. At the same time, China’s legal system to protect the rights of performers are not perfect due to the table Play performance to work with the intellectual and artistic value,performers should be on their own labor enjoy property rights, but also endows the economic rights of performers of property rights is not and other subjects of rights conflict, nor with the performer enjoys other rights overlapped. Thus, the protection of performers should enjoy the rights that are so important. In this paper, through the analysis of International Convention and the present situation of protection for the rights of performers in the world, of our country performer right legal system perfect with new ideas.This paper is divided into the following parts: the first part is the "Xiao Shenyang" v.Shenyang Shakespeare Dream Culture Development Co. Ltd. and other three units violations of the rights of performers, portrait and the blue field v. Tianlun Dynasty Hotel Co.,defamation case two case outlines existing provisions on the protection of the performers’ right in copyright law the second part is weakness; to explain issues related to performers,performers’ rights and the right of portrait, and the historical evolution of the protection system are analyzed, which relates to the "Rome convention”,“Agreemennt on Trade-related Aspects of Intellectual Property Rights”,WPPT,“Beijing Treaty on Audiovisual Performances”.The third part is the world on performers in the comparative study of the system, the suggestion to improve the legal system of the right of performer in our country to pave the way; the fourth part from four aspects: clarify the status of the system of the right of performers in China and barriers that hinder the right of performer in our country further improve the legal system, with the changes of the times, China’s "copyright law" after several times revised toward gradually improve the rights of performers in the direction of development. Finally, the author put forward currently exists in our country in the legislation to protect the rights of performers, as well as on the Countermeasures of perfecting the legal system.