【摘要】 表演有狭义和广义两种理解。前者指以作品为基础所进行的表演 ,它虽然是邻接权的一种客体 ,但在特质上同时又具有明显的倾作品性。这使得一方面 ,它具有和作品相似的使他人成为邻接权主体的派生能力 ;另一方面 ,它理应受到而且实际上也受到了和作品几乎同等的保护。后者除包括前者外 ,还包括不是以作品为基础所进行的表演。这种表演在特质上比前者更具倾作品性 ,但在实践中却未得到与之相称的来自著作权法的保护 ,因此 ,立法宜将其和前者一道纳入《著作权法》里的“表演”一节 ,并对其给予较前者规格更高的保护更多还原

【Abstract】 There are both broad sense and narrow sense of understanding of performance. The former refers to the performance on the basis of origin works. Although it is a kind of objective of neighboring right, its character also has clear tendentiousness to origin works at the same time. This makes that it has derived ability just like origin works which makes others become the principal part of neighboring right; on the other hand, it should be protected and it is actually provided with almost equal protection as origin works. Besides the later includes the former, it also includes the performance that is not on the basis of origin works. This kind of performance has more tendentiousness to origin works than the former on its character. In practice, however, it does not get the appropriate protection from copyright law. Thus it should be included with the former in section "Performance" in Copyright Law of legalization, and therefore, it should be provided with protection of higher standard. \ \更多还原