Research On The Protection Mechanism Of Audiovisual Performers’ Rights

With the rapid development of the audiovisual industry,the protection of the rights of audiovisual performers has increasingly become the focus of attention.The Beijing Treaty on Audiovisual Performance is the first international treaty in the field of intellectual property rights,which was named after a Chinese city and came into force in April 2020.The Beijing Treaty on Audiovisual Performance has comprehensively improved the protection level of the rights of audio-visual performers,ending the long history of inadequate protection of audio-visual recordings,which is of great significance for safeguarding the rights of audio-visual performers and promoting the development of the audio-visual industry.In November2020,the third revision of the Copyright Law was deliberated and adopted at the 23 rd Session of the Standing Committee of the 13 th National People’s Congress,and formally implemented in June 2021.At the time when the Beijing Treaty on Audiovisual Performance and the new Copyright Law came into force one after another,it is necessary to conduct an in-depth study on the content of the protection of the rights of audio-visual performers between the two,analyze the differences between them,and provide theoretical support for the smooth implementation and convergence of the Beijing Treaty on Audiovisual Performance and the new Copyright Law.On the other hand,with the rapid development of China’s audio-visual performance industry and even the cultural industry,it is also necessary to think deeply about the protection mechanism of the rights of audio-visual performers,study and analyze how to better protect the rights of audio-visual performers through legislative,judicial,administrative and other efforts,and jointly promote the healthy and orderly development of the audio-visual industry.This paper takes several major international treaties that protect the rights of audio-visual performers as the research object,mainly including the Rome Convention for the Protection of Performers,Producers of Phonograms and Broadcasting Organizations,the Agreement on Trade Related Intellectual Property Rights,the World Intellectual Property Organization Treaty on Performances and Phonograms,and the Beijing Treaty on Audiovisual Performances.It focuses on the relevant contents of the Beijing Treaty on Audiovisual Performance on the protection of the rights of audio-visual performers.It combs the development of the international protection of the rights of audio-visual performers,and strives to find out the development trend of the protection of the rights of audio-visual performers in the future.At the same time,it combs the development process of the protection of audio-visual performers’ rights in China’s laws,focusing on the relevant content of the current Copyright Law.By comparing the current Copyright Law and the Beijing Treaty on Audiovisual Performance,we found that there are obvious differences in several key concepts and the rights of audio-visual performers.It also points out the deficiencies in the current protection mechanism of the rights of audio-visual performers in China,which are mainly manifested in the legislation of listing the performance unit as a performer,not stipulating the ownership and transfer of rights,not stipulating the right to receive remuneration for the transfer of rights and the right to receive remuneration for the second time,and so on.In the aspect of justice,it mainly shows that the recognition of the performers’ status and ownership of rights of the performance units are inconsistent with the spirit of the Beijing Treaty on Audiovisual Performance.Finally,in terms of the improvement of the protection mechanism for the rights of audio-visual performers in China,this paper,in combination with the characteristics of China’s industrial development,puts forward several suggestions on improving the laws and regulations for the protection of the rights of audio-visual performers,improving the level of judicial protection,strengthening the construction of the administrative management system,mainly including defining the scope of performers through legislation,increasing the terms of rights transfer,stipulating the right to receive remuneration and the right to receive secondary remuneration,and strengthening the guidance of judicial adjudication Improve the professional quality of judges,strengthen administrative function and establish a collective management organization for the rights of audio-visual performers.