Research On The Rights Of Performers In Audiovisual Works

Prior to the advent of digital technology,the greatest threat to audiovisual performers came from the illegal copying of audiovisual recordings by pirates through specific technologies.Compared with the out-of-control copying technology,the impact of digitization is more extensive and dramatic.With the continuous change of digital technology,the unhealthy phenomenon of privately spreading other people's works without the authorization of the Internet is increasing.Digital technology has not only brought about earth-shaking changes in the way audiovisual recordings are transmitted,but has also contributed to the innovation of production technology and the prosperity of the audio-visual industry.Incompatible with the prosperity of the audiovisual industry,performers of audiovisual works cannot share the great benefits of the industry like producers and others.The reason for this is that due to the role of capital,producers and other related rights subjects have the right to speak,and performers are unable to fight for their rights and interests.When dealing with the above problems,domestic and foreign legal means can not provide effective protection for audiovisual performers,and it is imperative to improve the power of audiovisual performers.This article redefines audiovisual works and related concepts,and analyzes similar concepts.This paper argues that an audiovisual work can be defined as "a series of images that are related to each other(with or without sound),with appropriate technical means for visual and auditory(eg,accompanied)perceptions of works".Next,the meaning of the performer is discussed,and it is considered that the performance of the performing unit as a performer should be cancelled.A better approach is to introduce the concept of “job performance”.In order to discuss the content of the rights of performers in audiovisual works,this paper can be divided into spiritual rights and economic rights.This paper compares the differences between the domestic and foreign rights of the performers in the moral rights and economic rights of the audiovisual works,and finds a more suitable road for China.In the aspect of proposing moral rights,the provisions on the time limit and the mode oftransfer should be improved,and the moral rights should be restricted to prevent its infinite expansion;in the aspect of economic rights,two economic rights should be added to protect the rights of broadcasters of performances of audiovisual works and the right to use images.This article has a special discussion on a special performer right,the second right to remuneration,which has been implemented in the country.In addition to defining the basic concepts,this paper discusses the controversy of introducing the second-time remuneration rights of performers of audio-visual works.However,based on the severability and incentive theory of copyright,it is necessary for China to introduce this right to achieve the balance of interests.Therefore,China should clarify the main body of exercise and the main body of payment,and stipulate the principle of income distribution of the second remuneration right and the second remuneration to better realize this right.