表演者权利研究

发布时间：2019-05-11 11:17

【摘要】：本论文的主旨是对表演者权利进行系统性研究。就目前笔者掌握的资料来看,我国还没有就表演者权利进行专门研究的论著,从这个意义上讲,本论文的研究是开创性的,也正因此,它的不足也是显而易见的。本论文的目的在于抛砖引玉。表演者这一特殊的职业群体深深地植根于社会文化之中,他们的足迹与人类历史相伴。在历史变迁的浪涛里,表演者的社会地位发生了翻天覆地的变化。法律概念中的表演者这一术语来源于英文“performer”,在现代汉语中与该词相对应的是演员一词。演员在中国古代称作优伶。纵观优伶形成与发展的历史,从艺术的角度看,优伶所创造的艺术永远是中国艺术史中一颗璀璨的明星;从道德和法律的角度看,优伶的历史,更多是道德与法律对其歧视的历史。在西方,表演者们也曾长期被拒绝于教会门外。跨过历史的门槛,科学技术尤其是录制技术与广播电视技术在十九世纪末二十世纪初的迅猛发展彻底改变了表演者的社会地位。一方面随着录制、广播等传播技术的发展,娱乐产业成为各国经济中最重要的产业之一,而表演者在整个娱乐产业中具有举足轻重的地位。不可否认,娱乐产业的兴起造就了拥有名车豪宅的明星一族,他们的社会地位、收入水平、生活方式与普通大众有着很大不同。人们喜欢他们,崇拜他们,享受着他们独特的艺术表演所带来的欢愉和意境,他们耀眼的光芒闪烁在人们的日常生活中。另一方面,整个表演者职业群体的利益并没有随着娱乐产业的兴起而大幅度地提高。相反,录制、广播等传播技术的发展彻底改变了表演者——表演的组织者——观众,或者表演者——观众这样简单的链接关系,表演者与观众必须面对面的时代已经结束了。由于法律保护手段的欠缺,表演者这一群体中的大多数被推向了失业的边缘。正是为了肯定表演者辛勤劳动为社会所做出的特殊贡献;正是为了保证表演者在历史的长河中继续承担不可替代的文化传播者的角色,有必要给予这一群体以专门的法律保护来应对录制、广播等传播技术的发展给这一群体所带来的职业危机,表演者权利应运而生。表演者权利具有广义和狭义之分。广义的表演者权利,是指表演者作为自然人所享有的一切权利,包括宪法、刑法、民法、合同法、邻接权法等法律授予自然人的所有权利。狭义的表演者权利,是指表演者因表演行为而在邻接权法上所享有的权利,包括精神权利和经济权利。如果没有特别说明,本论文主要是在第二层涵义
[Abstract]:The main purpose of this paper is to systematically study the rights of performers. In this sense, the research of this paper is groundbreaking, and therefore, its deficiency is also obvious. In this sense, our country has not done a special research on the performer's rights in our country, and it is also obvious that the research of this paper is groundbreaking and therefore the deficiency of this paper is also obvious. The purpose of this paper is to throw bricks and attract jade. Performers, a special professional group, are deeply rooted in social culture, and their footprints are accompanied by human history. In the waves of historical changes, the social status of performers has undergone earth-shaking changes. The term performer in the concept of law comes from the English "performer". In modern Chinese, the word actor corresponds to the word actor. Actors and actresses were called Youling in ancient China. Throughout the history of the formation and development of Youling, from the point of view of art, the art created by Youling is always a bright star in the history of Chinese art. From the moral and legal point of view, Youling's history is more the history of moral and legal discrimination against it. In the West, performers have long been rejected from the church. Across the threshold of history, the rapid development of science and technology, especially recording technology and radio and television technology, completely changed the social status of performers at the end of the 19th century and the beginning of the 20th century. On the one hand, with the development of recording, broadcasting and other communication technologies, entertainment industry has become one of the most important industries in the economy of various countries, and performers play an important role in the whole entertainment industry. It is undeniable that the rise of the entertainment industry has created a family of stars with famous cars and luxury houses, their social status, income level and lifestyle are very different from those of the general public. People like them, worship them, enjoy the joy and artistic conception brought by their unique artistic performance, and their dazzling light twinkles in people's daily life. On the other hand, the interests of the whole performer professional group have not been greatly improved with the rise of the entertainment industry. On the contrary, the development of communication technologies such as recording and broadcasting has revolutionized the simple link relationship between performers-the organizers of the performance-the audience, or the performer-audience-and the era when the performer and the audience have to face-to-face is over. Due to the lack of legal protection, most of the performers are pushed to the brink of unemployment. It is in order to affirm the performer's hard work to make the special contribution to the society; It is in order to ensure that performers continue to play an irreplaceable role as cultural communicators in the long course of history, and it is necessary to give this group special legal protection to deal with recording. The professional crisis brought by the development of broadcasting and other communication technologies to this group, the rights of performers emerge as the times require. The rights of performers can be divided into broad sense and narrow sense. The rights of performers in a broad sense refer to all the rights enjoyed by performers as natural persons, including all the rights granted to natural persons by laws such as constitution, criminal law, civil law, contract law, adjoining law and so on. In a narrow sense, the rights of performers refer to the rights enjoyed by performers in neighborhood law because of performance, including spiritual rights and economic rights. If there is no special explanation, this paper is mainly in the second layer of meaning
【学位授予单位】：中国政法大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：D913;D997.1

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