Discussion On The Right To Protect The Image Inherent In Performer’s Performance From Distortion

In the current rapid development of digital technology and the internet,people can multilate and distort the performance images easily in the films and television programs with the convenient video cutter. Distorting performance images and infringing performers’ spirit goes against the inheritance of traditional Chinese culture and art. It also has negative effect on the spread of excellent films and television programs and hinders the development of Chinese entertainmengt industry. What’s worse, it reduces Chinese culture influence around the world. There is an urgent need to protect the right of protecting performance images against distortion is low whether at home or abroad and that the legal provision is simple. The international treaties and domestic legislation are giving increasing weight to the protection of the right of protecting performance images against distortion since the WPPT admitted the performers’ spirit right for the first time in legislation. But unfortunately the emphasis on the right of protecting performance images against distortion is far from meeting the demands of society. The protection of the right of protecting performance images against distortion still has a long way to grow. It also has many connotations that is well worth exploring by law learners.Chinese legal system has a lot of deficiency on the right of protecting performance images against distortion. This dissertation mainly researches on the following several points. The first researches the scope of the subject of the right of protecting performance images against distortion. The scope of the subject is small. There are many performers performing traditional culture show full of national thought and national aesthetic appreciation in our country. But these performers are out of the scope. Same thing is happening with improvision and synchronized swimming and figure skating. The second part researches the setup of performers’ collective management organization. Our country collective management organization lack of legal rules is incomplete. We need to establish performers’ collective management organization to protect performers’ right. The platform establishing create many opportunities for exchange between performers and other organization. In addition, we should perfect current law, introduce the performers’ extensive collective administration to protect the Non-members.The third part researches the meaning of distortion and mutilation. The Copyright Law and the Implementing Regulation of the Copyright Law make no provision for the meaning of distortion and mutilation. We need to explain the word. The fourth part researches Chinese legislation onthe fair use of performers’ right the future. We use closed legislative model on the fair use of performers’ right our country. The model is deterministic. The determinacy of this model lead that the fair use of performers’ rightcan not adapt to development. We need to use three-step test to complete the fair use of performers’ right. The fifth part, we find that it is hard to affirm the infringement of performerts’ image in judicial practice by analyzing judicial cases. The Copyright Law and the Implementing Regulation of the Copyright Law do not make out the detailed provisions on the infringement of performerts’ image. This led that the judges are hard to make a judgment on the infringement of performerts’ image.Through the above discussion we try to perfect corresponding laws to the rights of protecting performance images against distortion.