Study On The Secondary Right Of Remuneration Of Audiovisual Performer

The rapid development of science and technology in the 21 st century has provided rich communication channels for audio-visual works,audiovisual works have been rapidly spread and shared across borders and regions through digitization,at the same time,it also brings high profits,and also arouses people’s thinking about the protection of the rights of audiovisual performers in audiovisual works.At present,at the legislative level of our country,the new Copyright Law has increased the protection of the "secondary remuneration right" for producers of sound recordings.Although the revised draft of my country’s "Copyright Law" tried to include the "secondary remuneration right" of audio-visual performers,it was unsuccessful in the end.The lack of provisions on the "right to secondary remuneration" not only makes the rights of audiovisual performers unable to be protected in a timely and effective manner,but also marginalizes the rights of performers,and also breaks the balance of interests,making it impossible to stimulate the development and progress of the audiovisual industry.Therefore,under this background,it is imperative to improve the "right to secondary remuneration" of my country’s audiovisual performers.This article specifically discusses the hot topic of "secondary remuneration rights" for audiovisual performers.First redefines concepts related to audiovisual performances and "right to secondary remuneration",audiovisual performance is a performance recorded in an audiovisual fixation（a series of manifestations of continuous moving pictures with or without sound）.Thus,the scope of audiovisual recordings and audiovisual works is still controversial in my country’s Copyright Law.According to the relevant provisions of the Beijing Treaty,it is clearly pointed out that the scope of audiovisual recordings is larger than that of audiovisual works.This part mainly demonstrates the legitimacy of the introduction of the "secondary right to remuneration" in my country’s Copyright Law.Then,after discussing the concept of "secondary right to remuneration",it provides theoretical support for the introduction of " right to secondary remuneration" in my country’s Copyright Law by demonstrating the incentive theory,the right to fair remuneration theory and the theory of balance of interests.And this paper analyzes the current status of the protection of audiovisual performers’ rights in international treaties,the United States,France,South Korea and the European Community,and focuses on the significance of the conclusion of the Beijing Treaty on Audiovisual Performances and the settlement of some disputed clauses.Since the "national treatment" and "attribution of rights" clauses involve the interests of the contracting parties,these two clauses have been negotiated through several rounds of meetings,and finally reached a collegial agreement through compromise,forming Articles 4 and12 of the Beijing Treaty.Then it discusses the main problems and countermeasures of the introduction of "right to secondary remuneration " in China.My country’s new "Copyright Law" does not include the "right to secondary remuneration " of audiovisual performers,and the subject of rights and obligations is relatively vague.Therefore,according to the above-mentioned problems,the premise of introducing the "secondary remuneration right" of audiovisual performers in my country’s current "Copyright Law" is to improve the rights and obligations of the audiovisual performers’ "secondary remuneration right",and that my country will Performers’ rights are well protected through collective management organizations.