Research On The Ownership And Exercise Rules Of Performers’ Rights Of Performance Units In Duty Performance

Duty performance system is the product of the pursuit of interest balance in the interest demands and interest game of multiple subjects.The system was established for the first time in the copyright law in 2020.The ownership and exercise of performers’ rights of performance units are the main issues discussed in this paper.Labor and property theory and utilitarianism theory provide the basic legitimacy for the performing units to enjoy and exercise the performers’ rights.The right of performing units in duty perform is conducive to alleviate the legalism of performers’ rights and realize the relative balance between the protection and restraint of performing units.Performing units in duty performance are limited to legal persons or other organizations of the nature of state-owned or public institutions.In terms of performing units’ rights,performing units enjoy but not limited to the performers’ property rights.The establishment of actors’ unions or collective management organizations of performers’ rights is conductive to balancing the status of actors and performing units and ensuring the realization of the appointment priority rules.In the exercise of performing units’ rights,the business scope of the performing unit should be determined according to the essence of the employment relationship or labor relationship,and limited to the labor responsibilities of the performer.Within the scope of business,the performing unit has the right to use the duty performance for free,and also has the right to license others to use the duty performance for free,but it can only implement the non-exclusive license rather than the exclusive license.In order to realize the relative balance between the protection and restriction of the performer’s rights exercised by the performing unit,the miscellaneous provisions of the performer’s rights can be added.This is not only in line with the trend of international and other countries’ protection of performers,but also conducive to alleviate the problems caused by the rigidity of the legalism of performers’ rights.