Research On The System Of Performers’ Rights From The Perspective Of Interest Balance

Performer’s right is an important right in neighboring right.Rome Convention is the first international treaty to protect performer,Countries of two legal systems make laws according to their own national conditions to protect performers.With the development and progress of technology,people’s appreciation of performance has changed greatly.At the same time,it also has a certain impact on performers’ rights.However,the traditional copyright law has shown an imbalance in the protection of performers’ interests.It is very urgent to discuss and study the performer’s right system so as to make it perfect continuously.The balance of interests is the basic principle of intellectual property law,which plays an irreplaceable role in the process of legislation.It mainly achieves the purpose of law by balancing the interests of various obligees.Performers play an important role in the dissemination of works.When studying the rights of performers,we should analyze them in combination with the relevant copyright owners,producers of audio and video recordings,ect.,so as to find out the deficiencies of current laws in protecting them.By comparing with the rights of various rights holders,we can make more comprehensive suggestions for their improvement,and at the same time,we should combine them with International treaties and the experience of other countries analyze the system of performers’ rights in China.Using the principle of balance of interest to study and analyze the performer’s rights can better balance the interests of each right holder and put forward some scientific suggestions.This paper is divided into four parts to analyze the performer’s right system.First,the basic theory of performer’s right is explained.Through the concept of performer’s right,the reason why it belongs to neighboring right and various theoretical analysis,the author has a deep understanding of performer’s right;second,analysis of the current situation of performer’s right system in China there should be the definition of performers,the object of performers’ rights,the imbalance of interests between performers and authors,producers of audio and video recordings,broadcast organizers,ect.;third,comparative analysis of international treaties and performer’s right system in two legal systems,and grasp the current situation of international performer’s right system;fourth,the author puts forward some thoughts on the perfection of performers’ rights system in terms of the scope of performers,the object of rights,the balance with other rights holders and the collective management organization.