The Establishment Of The Right System Of Performers’ Non-works Performance

With the development of network technology in our country,the number of platforms has increased,network programs have also become more colorful,and the forms of network use have varied,and the consequent infringement phenomenon has become more and more serious.However,reviewing the entire industry development process,it is easy to find that there are no specific legal rights for the capital and labor input of game event organizers and sports event organizers as typical organizers,that is,there is no specific legal right to allow others to be on the Internet.The lack of the right to live broadcast,simultaneous live broadcast,broadcast,and record investment results and obtain remuneration from them.Taking sports event organizers as an example,there is no special legal authorization support for the process of authorizing others to broadcast live on the screens formed by the event organizers by investing funds in organizing events.At present,the mainstream view in academic circles is that this kind of right foundation is similar to a kind of property right,and the lack of right recognition results in the difficulty and complexity of rights protection.However,the investment of such organizers has extremely high market value,and the probability of their rights being violated is not lower than that of other subjects.For example,a certain event platform invites first-class national event players to live game live broadcasts,attracting game fans from all walks of life to participate in the attention.Under this circumstance,if the game event is pirated without permission,the loss is also huge,which will cause the decrease of traffic diversion attention and further lead to a substantial reduction in investment income.As a kind of labor-based capital investment,this kind of main body is facing a dilemma of rights protection in the face of infringement.The author believes that the current judicial judgment thinking is biased.It is difficult for the subject of rights and interests to pass the protection of copyright in a narrow sense,and use the rights of performers to protect the objects of their works that they have not performed.The use of the rights of broadcasting organizers to protect does not conform to the identification of broadcasting organizers.It can only be used as a legal benefit through the civil law theoretical system.Or the anti-law protection is extremely inconvenient in safeguarding rights.In addition,a lot of labor and capital investment were made in its own production.Of course,having labor or investment is not the basis for a certain subject to obtain absolute rights protection.It is condensed on whether the rights of non-work performance should be protected by some kind of exclusive rights.The author believes that further thinking should be in the two directions of "input cost and output benefit".The performance of non-works has realized the benefits of industrialization while making labor capital investment.In addition,the right of this right is also in line with the relevant standards of the distinction between rights and interests in German law.Therefore,for the purpose of protecting the development of the industry and maintaining the market value of investment,the author believes that it is necessary to turn such legal interests into rights to achieve more convenient legal protection for such subjects.Looking back at the development history of neighboring rights,neighboring rights present a general trend of protecting labor and investment,which is consistent with the purpose of protection in this article.The reason behind it is that labor and investment have gradually become a major boost to the development of intellectual property rights.Neighboring rights are a typical theoretical system for the protection of legal interests.The author believes that we can find ideas from the establishment of neighbouring rights and find solutions to this problem.Take the establishment of broadcasting organizers’ rights as an example,the business of radio and television stations is to broadcast programs before the emergence of broadcasting organizations’ broadcasting rights.For most radio stations,the main economic income that their survival and development depends on comes from the advertisements inserted in the broadcast programs,and the advertising income directly depends on the listening rate.Or ratings.Obviously,other broadcasting organizations’ actions to reduce listening or viewing rates will result in a reduction in advertising revenue or other revenues.This is the greatest damage to the interests of radio and television stations.In this case,although they can be protected in accordance with their interests,their neighboring rights the exclusive rights of broadcasting organization owners are specially granted.The reason for the establishment of broadcasting organizer rights is the investment of labor and funds.The purpose is to facilitate the protection of the interests of broadcasting organizers and maintain the development of the broadcasting organization industry.Another example is the protection of audio and video producers and the neighboring rights of databases that reflect the same legal protection ideas.Therefore,the reason why many rights have special regulations with neighboring rights is to protect funds and labor inputs that are vulnerable to infringement,and on the other hand,it stems from the convenience of rights protection and the need for clear rights.This is in line with the relevant rights protected in this article.When the exclusive rights of game event organizers and other organizers are not recognized,although the organizers can still obtain the so-called rebroadcast rights authorization purpose through related legal theories based on their similar property rights,the obstacles to the protection of their actual rights can easily lead to conflicts.Violation of its capital investment.The author believes that this kind of non-work performance legal interest can be righted by following the above-mentioned establishment of neighboring rights,so as to realize the convenience and specialization of the protection of specific rights,and realize the efficiency of attribution,exclusion,and disclosure.However,in this process,more attention should be paid to the restriction of rights.The principle of technological neutrality should be maintained while maintaining its market value.At the same time,it should be noted that the scope of protection after the rights of interests cannot exceed the scope of the benefit stage.The scope of rights should be strictly limited to avoid excessive authorization that would be detrimental to the development of the industry.The first chapter mainly outlines the research scope and research objects,typifies the characteristics of non-work performances,and introduces the difficulties and pain points of various legal theories and judicial practices in the protection of the rights of such subjects,and discusses legal benefits and rights.The standard of the limit,its labor capital investment,and the corresponding input-output efficiency.The second chapter demonstrates the necessity of protecting such interests.The author discusses the rationality of protecting game and sports event organizers with non-work performances.It discusses the necessity of incorporating non-work performances into the neighboring rights of performers’ rights,that is,its inherent rationality and its compatibility with the original system.The third chapter analyzes the origin of the development of neighboring rights and analyzes the logic behind the establishment of neighboring rights to prevent vicious competition.For the convenience of protecting capital and labor input and safeguarding rights,various interests are subtly entitlement.This establishment logic is consistent with the establishment purpose of non-work performers,thereby providing a further basis for the non-work performance system.The third section analyzes the establishment logic of broadcasting rights of broadcasting organizations in adjacent rights,that is,its development logic,and abstracts the path of legal interest rights that can be used for reference by non-work performers.The fourth chapter analyzes the current situation of piracy in detail,and realizes the purpose of controlling the piracy of non-work performances through a technologyneutral legal design.According to the previous analysis of the rights involved in piracy,and at the same time drawing on the rights design logic of broadcasting organization rights,the construction and rights of non-work performance rights are designed on the premise of ensuring the careful selection of the scope of protection.Targeted subject and object of rights mainly for the purpose of preventing piracy competition,restricting non-work performance rights within the scope of live broadcast rights and information network dissemination rights,and strictly restricting the scope of rights to avoid the right of legal interests leading to beyond the original protection.In order to achieve the purpose of protecting their rights and avoiding over-authorization,achieving the balance of interests of all parties.