论表演者权的法律保护研究

Research on the Legal Protection of Performers’ Right

摘要: 表演者作为文化艺术事业的中坚力量，以其才华、努力和独特的表达方式推动文化事业的繁荣发展。表演者权作为“技术之子”，技术的不断发展给表演者权的保护带来了挑战。表演者权是一项旨在保护表演者权益的法律制度，有助于尊重表演者的创作自由和保护其知识产权。但近年来，我国也出现了一些侵犯表演者权的典型案例，本文将在此基础上分析我国表演者权保护现状存在的三个主要问题：表演者的主体规定不够完善；权利定性不够全面以及尚未建立表演者集体管理组织，进而探讨中国表演者权保护的完善。

Abstract: As the backbone of the cultural and artistic cause, performers promote the prosperity and devel-opment of the cultural cause with their talents, efforts and unique expressions. As the “son of technology”, the progress of technology promotes its development. However, it has also brought challenges to the protection of the right of performers. Performer rights is a legal system designed to protect the rights and interests of performers, which helps to respect the creative freedom of performers and protect their intellectual property rights. In recent years, there have also been some typical cases of infringement of the rights of performers in China. On this basis, this article will analyze the three main problems existing in the protection of performers’ rights in China. First, the main body regulations of performers are not perfect; second, the characterization of the rights of performers is not comprehensive enough, and third, China has not yet established a collective management organization for performers that can help them solve problems. Finally, we put forward three suggestions on the above issues.