Research On The System Of The Performers’ Rights

Dissemination of literary works, audiovisual works, etc., often depends on the performer’s performances. Performers as communicators, through hard to perform, promote the human society towards a more civilized direction. Therefore, performers’ rights demands put forward their performances behavior. Adequate justifications in the world of international conventions, treaties and national legislation for the protection provided by this appeal, thereby forming a distinctive system of performers’ rights. However, China’s current "Copyright Law" to protect the performers’ rights there are deficiencies, it is gratifying that, in the stimulation of the international environment, our country once again started working to amend the law, which is the third amendment of the Act. Through the existing law to modify and improve, for performers rights regime to provide more comprehensive and better protect their rights and interests, to provide their enthusiasm in performing activities, thereby providing a solid legal guarantee for China’s construction of cultural power. This paper consists of four chapters now elaborated:The first chapter outlines the performers’ rights. Because the concept as an indispensable tool for theoretical studies, so I first explained the concept of performers and performers ’rights, clearly both core are "natural"; secondly, discrimination legal nature of performers’ rights doctrine, and it identified as neighboring rights; again, a structure set forth the performers’ rights, from the subject, object, content were discussed in three aspects; and finally, a comparative study with the performing rights, the two although only one word, but an entirely different connotation.The second chapter, extraterritorial rights of performers compared with the reference system. As we all know, the international conventions usually provide a model for national legislation, all countries in the Convention introduces performers’ rights system; Secondly, the countries outside performers’ rights system, in particular the intellectual property system more developed States, Germany, Britain, France; Finally, the above-mentioned performers tenure comparative analysis, to explore the current situation in line with our judicial system.The third chapter, the status quo and the village of performers’ rights system problems. First, analysis of the current status of the performers’ rights legal system, the Department of the "Copyright Law" based legal system; Secondly, the current lack of "Copyright Law", in particular the right to respect performers subject, object, content and the like.The fourth chapter, perfect system of performers’ rights proposal. on the draft "Copyright Law" is currently being hot Revised draft evaluation found that the current "copyright law" many deficiencies have been modified and improved, but the manuscript in some system design deficiencies still need to be improved. Based on the revised draft manuscript of the weaknesses of the current "Copyright Law" and proposed a five-point proposal to modify and initiatives, namely: improving performers’ personal rights of ownership of the system, performing system functions, performance contract system, system performance from distortion and the introduction of the term "Performing portrait." The introduction of "performance portrait" Terminology is the main innovation of this paper. The term can be simple, direct, clearly showing the performers’ rights to protect their performances image.