合同视野下的影视表演者权行使和实现

The Exercise and Implementation of the Rights of Film and Television Performers from the Perspective of Contracts

影视表演者权利通过合同行使和实现由来已久,合同保护有其独特价值。互联网环境下影视表演者权利合同行使存在双方地位实质性不平等、演艺经纪合同纠纷多、集体合同无法有效发挥作用等问题。结合中国集体合同主体缺陷,借鉴英美法系影视表演者集体合同先进经验,在《视听表演北京条约》和新《著作权法》生效的背景下,建议积极筹建影视表演者的行业性工会组织,对相关演艺合同进行细致立法,在未来《著作权法实施条例》修订时,进一步区分电影电视剧作品和其他视听作品,为不同作品中影视表演者和制片者的不同合同约定提供可预期的前提。

The rights of film and television performers have been exercised and realized through contracts for a long time,and contract protection has its unique value.Under the Internet environment,there are substantive inequalities in the status of the two parties in the exercise of the rights contract of film and television performers,many disputes in the contract of performing arts agents,and collective contracts that cannot play an effective role,etc.Considering the defects of the main body of collective contracts in China,and drawing on the advanced experience of collective contracts of film and television performers in the Anglo-American law system,and under the background of the entry into force of the Beijing Treaty on Audiovisual Performances and the new Copyright Law,We suggest industry trade unions for film and television performers should be established,and detailed legislation on relevant performing arts contracts should be made to further distinguish between film and television works and other audiovisual works when the Copyright Law Implementation Regulations are revised in the future,so as to provide predictable premises for different contract agreements between film and television performers and producers in different works.