| Performers are important communicators of audiovisual works,but with the rapid development of Internet and related recording techniques,performers are becoming more and more difficult to control their performances,and the law is urgently needed to safeguard their rights and interests.The current copyright law of China has different protection standards for performers of audio video production and audiovisual works performers,and performers can not advocate performers’ rights solely on audiovisual works.Only phonograms performers are protected in international treaties.2012 Beijing Treaty on Audiovisual Performances for the first time to provide protection of audiovisual fixations in performers in the international treaties.The third amendment to the copyright law is being carried out in our country.The draft stipulates that audiovisual performers can enjoy the remuneration right on secondary uses which provides an opportunity to strengthen the protection of performers’ rights.But the right sparked a heated debate.The author try to analyze whether the right is reasonable,whether it fits the national conditions of our country,and puts forward his own suggestions.The remuneration right on secondary uses is the right of performers to share the benefit of the subsequent use of audiovisual works.The remuneration right on secondary uses is a right of claim.The right subject is the main performer.Collective Management Organization is the subject of payment.The period of protection of the remuneration right on secondary uses is fifty years.The Protection Model of the remuneration right on secondary uses is the rule of law is the principle,convention as an exception.The last chapter is the conclusion.The author believes that the remuneration right on secondary uses is reasonable.But it doesn’t have realistic urgency. |
