A comparative look at performers' rights protection in Canada, the United States of America, the United Kingdom and the Republic of China (Taiwan).

摘要

Performers' protection has become acute since the technological advancements during the turn of this century. However, the legislation in this area, compared with the other regime of intellectual property, is novel to many countries. Several questions remain controversial: (1) whether performers should be granted some rights in their performances; and (2) what scope of such protection would be adequate. In addressing these questions, this thesis examines the two main underlying theories of intellectual property: economic incentive theory and natural law theory. Also, it compares the different legislation models adopted by two major copyright systems: "copyright" and "droit d'auteur". The thesis concludes that a two-sided approach might be a more persuasive way to justify performers' rights.; The recent copyright reforms in Canada, the United Kingdom, the United States and the Republic of China (Taiwan) show a tendency to strengthen the protection for performers. The question remains whether some categories of performers' rights, such as the Article 12 rights of the Rome Convention and the rights to receive blank tapes levy, should be administered by performers' collective societies. (Abstract shortened by UMI.)