A Study On Performers’ Right To Second Payment Of Remuneration From Audiovisual Works

With the development of the Internet and digitalization,all kinds of works have been spread across borders and regions.Innovative audio-visual media such as Douyin,Kuaishou and Tik Tok have made audio-visual works spread at a high speed in a viral manner,making us wonder about the performers and their rights.At present,the copyright law of our country is very general,and there are no detailed stipulations on the rights of the performers of audio-visual works,and the standard and protection of the rights of performers are not in place at the legislation level.However,in practice,due to the star effect in the industry,some performers can sit down and enjoy high prices and premiums.If this phenomenon continues,the protection of all the performers’ exclusive rights will be jeopardized,and it will lead to the lack of motivation to create and spread,which will have a negative impact on the film industry and even the society.As such,this article holds that it is reasonable and necessary to build up the system of the right to secondary remunerations for the performers of audio-visual works in the legislative level so as to realize the balance of the interests of all stakeholders on the industry chain.This paper takes " Performers’ Right to Second Payment of Remuneration from Audiovisual Works " as the research content.Firstly,from the basic theoretical level,it analyzes the basic concepts of the second reward right of audio-visual works,performers and performers of audio-visual works(hereinafter referred to as " right to second payment of remuneration "),as well as the legal nature and theoretical basis of the second reward right.Secondly,based on the current legislation of our country,the second reward right does not exist Then,combined with China’s legislative and judicial practice,it focuses on the issues that need to be clarified in the legislative and practical level,such as the subject of rights,the subject of obligations,the elements of exercise,the standard of payment and copyright On the basis of the above,the last part of the paper gives suggestions to clarify the second reward right of the performers of audiovisual works in our country.First,it explains the principles that should be followed,such as the principle of encouraging creation,the principle of balancing interests,the principle of respecting labor rights,and the principle of synchronization of science and technology.Second,it lists the specific suggestions from the perspective of legislative suggestions and supporting measures,such as reasonably defining the subject of rights,clearly stipulating the subject of obligations,optimizing the mode of right protection,refining the standard of payment and calculation methods,etc.