Research On Copyright Protection Of Performance Art

Performance art is belonged to imported goods, but with the development in China in recent years, this art form is gradually accepted by the public, and begin to combine with business practices slowly, such as marketing, showing the huge market value. But the art form has not been stipulated in the object of protection by copyright law, so that the research on whether the art form of works should be protected by copyright, and how to protect the performance art works has been stagnant in the theoretical circle. This paper researches the performance art works from three aspects deeply and systematically, including the possibilities for copyright of the performance art works, the value of copyright protection and how to protect the performance art works.This paper is divided into four parts:The first part introduces the summary of performance art. First of all, the paper introduces the basic information of performance art in three contexts: the concept, the origin and development process of performance art, and then concludes the general characteristics of performance art. This paper analyzes the development situation of performance art in China,and summarizes the factors restricting the healthy development of performance art.The second part demonstrates the possibilities for copyright of the performance art works.The paper analyzes the basic characteristics of the object of copyright from two aspects of theory, including the dichotomy of thought and express, originality and replicability. Then the paper compares the relevant provisions of the copyright object of the two law systems to discuss the possibility to regard performance art works as the object of protection by copyright law in China.The third part discusses the urgency and necessity of incorporating performance art works into the object of protection by copyright law in two extents: the "disparate development" of performance art in China and the meaning of copyright protection aboutperformance art works.The fourth part is to give rationalization proposals on copyright protection of performance art works from several aspects, including how to protect performance art by copyright law, the ownership, content, protection period, the infringement cognizance of the copyright.