The Protection of Performers’ Rights ─A Study of Comparative Law Perspective
Date Issued
2011
Date
2011
Author(s)
Wong, Lin-Wei
Abstract
Concerning the regulations of performers’ rights in Taiwan, Intellectual Property Office had held that performances are protected since the implementation of amendments to the 1985 Copyright Law. In order to join the World Trade Organization, legislators conducted a series of substantial adjustment to Copyright Law in 1998, to formulate the protection rules of performers’ rights explicitly and, taking account of the nature of performances, they made particular rules to each content of rights.
Looking into the articles of Copyright Law in Taiwan, it seems that we adopt the copyright approach to protect performers’ rights. However, the terms in text and scope of performers’ rights still remain the characteristics of neighboring rights. The way to protect performers’ rights consequently leaves dispute and is unable to form a stable opinion. Furthermore, such circumstance affects interpretations and perceptions to scope of performers’ rights in practical operation. As a member of WTO, we have obligation to comply with TRIPS provisions, and in accordance with TRIPS, we should respect the Rome Convention and other international treaties. Therefore, the minimum protection for performance in these treaties should be understood and considered as the basis of domestic legislation, to facilitate communication between Taiwan and WTO or other international organizations.
In view of above issues, this research intends to examine legality of existing norms through comparative study method. The basic materials of legal research include the Berne Convention, the Rome Convention, TRIPS, WPPT, WCT, and cases and discussions of theories in foreign legislations, such as the United States, Germany, China, the United Kingdom, France, South Korea, Australia and so on. Moreover, the reports related to management of performance industry are also significant to meet the demand for practice. The result of this research provides a comprehensive analysis of the merits of each provision and proposes specific amendment recommendations, in order to arouse further attention and discussion.
Subjects
Performers
Performances
Neighboring Right
Live Performers
Improvisers
Audiovisual Performers
the Rome Convention
TRIPS
WPPT
WIPO Performances and Phonograms Treaty
Type
thesis
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