The Performers’ Rights In A Draft Amendment Of The Copyright Law

With the continuous improvement of the status of the performers, the protection of the right of the performers is also concerned by the international community. In particular, the conclusion offieijing Treaty on audiovisual performances and the start of the third amendment of the copyright law of our country, making the research on the right of performer more practical.In this paper, the third amendment of the copyright acts as a starting point, and there is a detailed introduction of the provisions on the right of performers in the Copyright Law Amendment.The international convention is closely linked to the draft, and this paper also analyzes the impact of the convention on the rights of performers in the draft. Finally, it analyzes the disadvantages of the relevant provisions of the draft and put forward relevant suggestions.This paper attempts to promote the improvement of the legal system and the development of judicial practice through the in-depth study of the system of the right of the performers.In this paper, the first chapter briefly introduces the third revision of the copyright law. From the level of economic development, international situation and the drawbacks of the right of performers in China, it analyzes the necessity of modifying the relevant provisions of the right of performers in the Copyright Law". The second chapter describes the provisions on the performers and the right of performers in the international conventions and national legislations, through the comparative analysis, to find the experience of the national law of the other countries. The third chapter mainly discusses the embodiment of the performer’s right in the draft. There isseparate introductionof the personality and property rights of performers and detailed description of content of each right.The relevant provisions of the draft can be clearly and comprehensively presented. The fourth chapter is about the comparison of the current copyright law and the content of the performers’ rights in the draft, there is a comprehensive comparative analysis of the relevant provisions of the first draft, the second draft, the third draft and the trial draft. The fifth chapter mainly discusses the impact of the international convention on the system of the right of performers in China.It introduces the Rome Convention, the TRIPS Protocol, the WPPT and the Beijing Treaty, these four treaties are closely related to the international protection of the right of performers. It introduces the advantages and disadvantages of the relevant provisions and the influence on the right of performers in the Copyright Law and the revised draft through the development of the convention. The sixth chapter elaborates the flaws of provisions on the right of performers in the draft, and put forward the measures to solve these problems one by one.It includes the expansion of the scope of the performers, the establishment of legal permit system, the refinement of the terms of the transfer of rights and the improvement of the copyright collective management system.