The Protection Of The Rights Of The Performers Of Wushu

Wushu is the essence of Chinese culture and art,and is also an important business card for China’s foreign exchanges.The inheritance and development of martial arts in thebackground of the new era has become an important part of Chinese culture and art inheritance.Under the current trend of martial arts commercialization,martial arts performers act as importantcommunication bridges.Modern martial arts performances have gradually developed from a single and pure competitive model to today’s cultural and artistic performance model.It is this change in performance mode that makes some martial arts routines become "works" protected by copyright law.It is true that the encouragement and protection of Wushu in China is no longer acceptable.However,from the roots,this highly dependent culture and art is completely impossible to leave the performer’s pay.In real life,due to the low cost of infringement and the incomplete legal protection,martial arts performers will not receive corresponding rewards and incentives,which will affect the survival of martial arts culture in the long run.Therefore,the protection of the rights and interests of martial arts performers has become an urgent problem.In this paper,we will analyze the legal rights and legal rights of wushu performers through legal analysis,literature research and history research.Firstly,this paper discusses the necessity of protecting the rights of martial arts performers.Secondly,on the basis of defining the relevant terms,this paper makes an in-depth analysis of whether some of the current martial arts routines can establish copyright law "works".Furthermore,although wushu performance has not been recognized in theory and practice in our country for the time being,the analysis of this article shows that the flexible provisions given by the intellectual property rights international treaty will give the wushu performers the space to protect the "performer’s rights".On the basis of this,this paper also puts forward the assumption of the construction of the rights for the martial arts performers to obtain the protection of the "performer’s rights" in the copyright law.Finally,from the current legislation and judicial practice in our country,this article also explores the legal rights of martial arts performers from the perspective of civil law and anti-unfair competition law.