论表演者权利的法律保护

表演者是著作权法律关系的重要主体,具有传播者和创作者双重身份,其表演不具作品性,应属邻接权的客体.表演者主体应包括自然人和法人,表演非文学艺术作品的表演者也应具有表演者身份,享有表演者权.表演者与著作权人、音像制品制作者、广播电视组织之间的法律关系,其内容应根据表演者的不同表演形式来确定.表演者的权利与作者的权利存在竞合,法律应协调两者之间的权利冲突.在实践中,表演者权利应根据不同的表演形式来确定其归属.

Legal Protection of Performer's Rights

A performer who has the double status of both a disseminator and an author is an important subject of the copyright relations. His performance is the object of the neighboring rights and does not have the characteristic of a work. The performing subject includes both the natural person and the legal person. A person who performs a non-literary work or a non-artistic work has the status of a performer and enjoys the performership. The contents of the legal relations between the performer and the copyright owner, between the audiovisual work and its producer, and those between broadcasting and television organizations will have to determined by the forms of the performance. The rights of the performer and that of the author coexist and will have to be coordinated once conflicts between them occur. In practice, the performer's rights are determined by the forms of the performer's performance.