Study On Protection Of Private International Law For Rights Of Performer

With the continuous improvement of the level of social productivity and people’s living standards, the demand for spiritual and cultural life also continued to strengthen.The current status of the world’s cultural market showed colorful and flourish, there is a growing emphasis on literary and artistic performances favoriteas an important part of cultural transmission. Exchange of works of art is more and frequently between countries In worldwide and many arts performers perform in different countries. Due to the different historical backgrounds of countries simultaneously, there are many differences in the protection system of performers and so had a conflict of laws. However most multi-national performers protection theory and practice is still in an immature stage, thence both the legislative provisions or judicial practice research are important for Private international law to protect the rights of performers.This article uses a comparative analysis, conflict with the law as a starting point the rights of performers, analysis of the substantive law to resolve the conflict with a unified advantages and disadvantages and indirect conflict to resolve the conflict using the legal effect. Finally, analysis of China’s foreign performers rights norms and laws applicable system of conflict as a basis, this article puts forward its views and suggestions of some.Writing paper as follows:The first part is the conflict of laws regarding rights of performers. By comparing the rights of performers and performing rights to draw the basic content of the rights of performers, integration of the various countries with different legislative provisions on the right of performers, explaining the rights of performers and copyright regional characteristics are a product of history. With the advent of the knowledge economy and the information age, regional limitations characteristic rights of performers slowly disintegrate, therefore, the right to legal conflict has become increasingly serious performers Internationally, research the conflict of laws on the rights of performers is very urgent.The second part describedthe substantive law of conflict of laws performer solution. By studying the "International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations^" WIPO Performances and Phonograms Treaty"、" Beijing Treaty on Audiovisual Performances" and other relevant laws and regulations, this section described the development process of international treaties regarding the rights of performers and the current situation. There are also some drawbacks, from here leads to the necessity of adjusting the conflict rules.The third part is an important part of this article, comprehensive analysis of the law applicable to the issue from the perspective of the conflict rules. This section introduces the conflict rules of conflict of laws to adjust the basic characteristics of the problem and the necessity, next the body is divided into specific performer, performers infringement, performers rights transfer contract to discuss three aspects of the law applicable to the rights of performers in theory and practice. A typical representative of the country is the United States and France, this part briefly analyze and evaluate the theoretical approaches currently applicable legal rights of performers involved.The fourth part is about our current legislation and judicial practice, this section introduces the current situation of the rights of performers legislative norms conflict, pointsing out the shortcomings of the current efforts to protect the rights of performers and puting forward some thoughts and suggestions for the entire copyright conflict rules. The purpose is to improve our hope to promote the protection of performers’ rights legislation and practice.