Research On The Legal Protection Of Performers’ Rights

With the development of the new media communication industry,the right of performers attracts more and more attention.The right of performers,namely the right of performers,has gone through a long process from the concept to its formal recognition.Previously,the two sides of the contradiction were mainly performers and producers of sound recordings and video recordings.With the development of cultural diversity,performance itself has become a big branch of information dissemination,and the subject of the contradiction has become increasingly multi-faceted.The world is in the age of Internet information explosion.Audio and video have a wide range of transmission,fast speed and wide audience.The forms of performance are becoming increasingly rich and the stakeholders involved are also becoming more complex.In this context,improving performers’ rights and attaching importance to the legal protection of performers’ rights have also become an important issue.In Beijing at the world intellectual property organization in the protection of audiovisual performances diplomatic conference passed on to protect the rights of performers of the treaty,the treaty alone put forwards how to improve the legal protection of performers rights requirements,this also shows that the current global further increase of performers rights awareness,the improvement of the legal protection system of intellectual property rights are urgently needed.The current laws in China do not provide clear solutions to the conflicts and contradictions related to performers’ rights,and the perfection of laws lags behind the development speed of relevant industries.The main reason is that the birth of a work of art is not only related to the performer,the performer is just a link in the communication channel,which also includes the joint efforts of the author,producer,investor,team and other personnel."Copyright law" in China will be the performer right into the author copyright category,but with the development of society,the dominant position of performers in the process of artistic dissemination,the performerin the mind of the performing art independence inevitably produce some conflict with the author’s copyright,in this case the performers in the relatively weak legal protection of intellectual property rights of a party,and the current legislation system of legislation in this respect there is a blank.Performers have the freedom to process works to a certain extent,but they need to negotiate with the original author and obtain authorization from the relevant team before they can create works again.Otherwise,it will constitute infringement.Under the condition that the interests of the original author are not infringed,it is an important goal of China’s cultural communication industry to balance the conflicts between the two,and to provide the performers with rights protection and creative freedom,which is conducive to promoting the innovative development of China’s cultural industry and providing the public with art works of higher quality.This paper focuses on the development of performers’ rights,combines with the enactment of laws in relevant fields in China,studies relevant domestic and foreign examples to analyze the ideas for improving performers’ rights and the problems that need to be solved,and puts forward some ideas for adjusting the existing laws.