Research On The Protection Of The Performer's Right Of Stuntman

In the case that the official actor objectively cannot complete or subjectively does not want to complete the specific shooting,the producer often decides that the substitute actor copies the original actor to complete the specific shooting task,so the substitute actor becomes the common shooting method of the producer.There are many forms of stunts,such as wentii,wutii,stunt replacement,naked replacement,pen replacement and so on.Compared with various roles,the stand-ins are different from the group performances,but they can't apply the formal performers such as the leading role and supporting role in the strict sense.They are a film and television role on the edge of power,and their rights protection can't be ignored.In addition to the introduction and conclusion,this paper mainly includes four parts:The first part is an overview of the rights of the stand-ins and their performers.In the process of the formation of audiovisual works,the stuntman integrates six characteristics of "professionalism,concealment,similarity,transience,substitutability and cheapness",which also involves the relationship with the actor(the actor to be replaced),the relationship with the crew and the producer.In the interaction between the stand-ins and various roles,the most important thing is whether the stand-ins can be called "performers" in the sense of copyright law.If so,the stand-ins can enjoy spiritual rights and economic rights according to law.These rights,of course,become the basis of the constitution and protection system of the rights of stand-ins and performers.The second part is the development of the double actor and the cause of the protection of the performer's rights.It can be said that the stuntman has paid more difficult recording process than the actor to complete the preset performance of audiovisual works.However,both in practice and in the academic world,the recognition of the stuntman is rather one-sided.Generally speaking,academic circles have recognized the spiritual rights of the stuntmen,but the economic rights(direct economic rights and indirect economic rights)of the stuntmen have not received due attention.From the "unfair competition","civil law",the company law point of view to look at stuntman,stuntman extremely similar to the "confusion" anti-unfair competition law,namely through cooperate to complete the camera shooting skills like as a means,when the crowd sure to avatars in the texts,actor benefit and produce standard double damaged "unjust enrichment" result.In terms of legal relationship,the actor and the stuntman are similar to the "proxy shareholding agreement".The stuntmanis the real "shareholder" and should be protected by law.The third part is the extraterritorial performer's right system and its reference to the protection of the rights and interests of the substitute performers.By tracing the legislative spirit of the copyright system and the author's right system,it is found that the protection of the double actor falls into the overlapping category of the two law systems,which reflects the different advantages of the protection of the performer's right of the two law systems.The author's right system advocates the creation subject,so the country has certain requirements on the performance subject,that is,the stand-in performers should have certain originality and the appropriateness of the subject in the content of the performance before they can be positioned as "stand-in performers".However,the copyright system is relatively mature in the way of protecting private rights by private law.Therefore,the positive aspects in different systems play a very important guiding role in the protection of the rights of the double actors.The fourth part is the protection measures of the rights of the double actor.The application of the demonstration text breaks through the complicated relationship of the existing performing arts industry to ensure that the stuntman can get his due rights;Based on the group protection model of American trade association,the performers' association is established to exercise their rights on behalf of performers in organizations with a high degree of autonomy.The "right to second remuneration" system has been gradually explored and implemented for stand-ins,which has enough maneuverability in protecting the rights and interests of stand-ins.We will explore ways to establish a legal aid system for stand-ins,and add a new mechanism to protect their rights under the legal aid system,so as to provide all-round protection for stand-ins.