Performance is an important way to spread literature art works or artistic expression. Performers enjoy the right because of their performance actions. However, the protection of performers' rights is not sufficient from the provisions of Article 38 in Copyright Law. We should strengthen and improve the legal protection of performers' rights in order to adapt the changes of scientific technology and social life. This is not only to mobilize the enthusiasm of creation for performers, but also to promote prosperity of literary art creation and entertainment industry.