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The Statement Of The Rights Of Performers

Posted on:2011-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:H L WangFull Text:PDF
GTID:2166360305482420Subject:Law
Abstract/Summary:PDF Full Text Request
Performer has produced in the remote ancient. They are accompanied with the history of mankind.But the rights of performers is not produced with the performer arise. The rights of performers is accepted by people until the late twentieth century.As a kind of neighboring rights,the rights of performers is accompanied with the progress of science and technology.Specifically,because of the invention of phonograph or recording technology, recording the fleeting performance,which attribute performance with permanent character.Thus,the audience can also appreciate the performance,not in the action.Under these circumstances, the audience don't need to pay any extra expense to appreciate performance and the actor depended on which the performance admission ticket has abtained the reward also to lose the opportunity. Especially in the times of the improved means of reprography and technical communication, if the performer and producers of phonograms are not protected,which not only bring on an unfair results,but also urge people to give up entertainment activities and invest in the record industry.In our world today,high and new technology has been changing with each passing day.The development of technology has provided convenient conditions for dissemination of works.With the development of network technology and the emmergency of electornic commerce, the economic value of neighboring rights has become increasingly apparent. The significance of the protection for the neighboring rights is obvious increased. However, for the consideration of national conditions and different economic and political rights, each country has different opinions and legislative enactment in the scope and modes of the protecion for the rights of performers and in the the protection degree and level. Review legislation of the rights of performers from all around the world, there are some different legislative style.Some uses the mode of neighboring rights such as France, Germany, Japan and so on. Some equates the rights of performers with copyrights such as Australia, Taiwan province and so on. Some adopts independent protecion mode such as England.The main body of this paper has eight part with addition of introduction and epilogue.The introduction generalizes the substance of this paper and expounds the importance of the protection for the rights of performers.The first part introduces the history development of the rights of performers.The second part introduces some basic notions and expounds the basic theory of the rights of performers.The third part introduces the legitimacy of the rights of perforers.The fourth part is the center that introduces all kinds of right of performers.The fifth and sixth introduce the two types of infract the rights of performers and the restriction for the rights of performers.The seventh part expounds some provisions about the rights of the performers of International agreement and other nation's law. The eighth part expounds the law system about the rights of performers and discusses some deficiencies of our country's law system about the rights of performers.In this way, trying to come up with some useful advices for perfecting our country's law system about the rights of perfermers.
Keywords/Search Tags:Performance, Performer, The Rights Of Performers, Neighboring rights, Copyrights
PDF Full Text Request
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