On The Secondary Right Of Remuneration Of Audiovisual Work Performer

The progress of science and technology provides an increasingly rich and varied channels of communication for the audiovisual works,also brings unpredictable economic benefits.However,due to the "Copyright Law of the People's Republic of China "(hereinafter referred to as the "Copyright Law")provides mandatory provision to the copyright ownership of audiovisual work and has no provisions of the rights and their ownership of audiovisual performers,as well as the crazy star effect exists in film and television industry,not only the interests of audiovisual performers can not be properly and adequately protected,there will be a phenomenon that some performers enjoy “astronomical remuneration”.If the contradiction between legislation and practice continues to exist,audiovisual performers' proprietary rights will be ignored,those crudely made and lack of positive social benefit(art)of audiovisual works will be produced,finally,the allocation of interests in audiovisual works will be unbalanced and the film and television industry can not be stimulated to healthy development.Although there are some details which the third amendment to the “Copyright Law” tries to set the secondary right of remuneration of audiovisual work performer are not good,it provides a way to solve the problem that audiovisual performers are not properly and adequately protected in legislation and practice.This thesis,first of all,analyze the problems in the protection of audiovisual performers,believe it is reasonable and necessary to introduce such a system.Besides,learn from the relevant foreign excellent system,put forward the method to perfect the system according to the actual situation of China's film and television industry and the provisions in the “Copyright Law” amendment,in order to realize the secondary right of remuneration.The main framework is as follows:Part 1:Briefly make a review of the protection course of audiovisual performers and analyze the problems in the protection of them in China,draw the conclusion that the secondary right of remuneration of audiovisual work performer should be introduced by the third amendment to the “Copyright Law” to properly and adequately protect audiovisual performers.Part 2:Interpretate the secondary right of remuneration of audiovisual work performer from the definition,understand the provisions of foreign countries and international treaties to refine valuable information for the introduction of such a system,analyze how the third amendment to the “Copyright Law” define the system.Part 3:Research on the rationality and necessity about set the secondary right of remuneration of audiovisual work performer in theory and practice,to provide the support for the legitimacy of the system.Part 4:Analyze the problems of the secondary right of remuneration of audiovisual work performer existing in the third amendment to the “Copyright Law”such as the scope of the right subject is too narrow,obligation subject is not clear,and provide solutions or suggestions for the problems,finally,through the collective administration of organization to ensure the right can be realized.