The purpose of this article is to explore the protection of performers’ rights in film and television works.First,we will introduce the relevant laws and regulations on the protection of performers’ rights in film and television works,outline the background of performers’ rights protection,and then introduce the current situation of performers’ rights protection in film and television works.Next,by comparing the legislative models and experiences of different regions and countries,we will propose countermeasures and institutional suggestions for the protection of performers’ rights.Although existing laws and regulations clearly define performers’ rights,the lack of any economic rights reserved for performers in contracts between producers and performers in film and television works has resulted in a flawed system for protecting performers’ rights,leaving significant loopholes.Performers spend a lot of time and effort participating in film and television works,but often do not receive the income and rights they deserve due to the lack of protection for their rights.Additionally,performers’ works in film and television productions may also be subject to infringement during distribution and use.To protect performers’ rights in film and television works,the rights enjoyed by performers should be more clearly defined in laws and regulations,and regulated through a system of statutory rights.Firstly,the copyright protection of the main performers in the performance works should be considered,and the performers’ copyright should be treated as an independent legal protection category,allowing performers to protect their own interests through copyright.Secondly,the rights and demands of performers in the distribution and use of film and television works should be clearly defined,such as the right to request the reproduction,distribution,and rental of performance works.Finally,performers should have the right to distribute income generated from the secondary dissemination of performance works and the right to manage their performance images.In summary,the protection of performers’ rights in film and television works is an important issue.Performers in film and television works are the main contributors to the performance works,but they are unable to enjoy copyright rights due to historical and practical reasons.When facing powerful producers,the performers’ initial contracting ability is often weaker,so the issue of copyright ownership should be reconsidered in legislative technology.While the cost of granting copyright protection to performers in China may be high,their performers’ rights should still be protected.When conflicts arise between the protection of performers’ rights and the interests of copyright owners,it may be possible to consider reasonable use of performance works by copyright owners,but performers can still resist third parties based on their performers’ rights.A great film or television work is enduring,and the benefits generated from continuous secondary dissemination should rightfully belong to performers. |