Are neighboring rights protected by copyright?
The original intention of neighboring rights is to The precise meaning of rights adjacent to copyright should be the rights enjoyed by the disseminator of the work. In my country's Copyright Law, neighboring rights include publisher's rights, performers' rights, recorders' rights and radio and television organization rights.
As for the protection period of neighboring rights, my country's Copyright Law has the following provisions:
Article 38 of the Copyright Law stipulates that the performer's personal rights are not restricted and the protection period of the copyright property rights is the author's lifetime plus 50 years after his death. After the author dies, the protection period begins on January 1 of the year following the author's death, and expires on December 31 of the 50th year.
Article 41 of the "Copyright Law" stipulates that the protection period of the audiovisual producer's rights is 50 years, ending in December of the 50th year after the first production of the work. 31st.
Article 44 of the "Copyright Law" stipulates that the protection period for radio and television programs is 50 years, ending at the 12th day of the 50th year after the program is first broadcast. March 31st.
As for the protection period of the layout design rights of books and periodicals, Article 35 of the Copyright Law stipulates that the protection period is 10 years, ending with the use of the layout design December 31 of the 10th year after the first publication of the book or periodical.
What is the difference between neighboring rights and copyright?
What is copyright? It refers to the exclusive rights that authors enjoy in accordance with the law on their works, or, in other words, refers to the general term for the personal rights and property rights that authors and others enjoy over literary, artistic, and scientific works.
Both belong to the scope of intellectual property rights. Neighboring rights are closely related to copyright. They are derived from copyright and are subordinate.A right based on copyright.
The difference between the two is mainly reflected in the following points:
1. The subjects are different. The subject of copyright is the creator of the intellectual work, including natural persons and legal persons; the subject of neighboring rights is publishers, performers, audio and video producers, radio and television organizations, and almost all of them are legal persons except performers.
2. The objects of protection are different. The objects of protection of neighboring rights are literary, artistic and scientific works; the objects of protection of neighboring rights are works that have been processed by the disseminator. The former reflects the creative work of the author, while the latter mainly reflects the creative work of the communicator.
3. The content is different. Copyright mainly refers to the author's personal rights such as publication and signature and property rights such as reproduction and distribution; the content of related rights mainly refers to the publisher's rights to the books and periodicals published, the performer's rights to the performance, and the audio-visual producer's rights to the audio-visual products. rights, the rights of radio and television organizations to their broadcast and television programs, etc.
4. The prerequisites for protection are different. As long as the work meets the legal conditions, it can obtain copyright protection as soon as it is created; the acquisition of neighboring rights must be based on the authorization of the copyright owner and the reuse of the work.
The above knowledge is the editor’s answer to the question of “whether neighboring rights are protected by copyright”. According to the provisions of the Copyright Law, neighboring rights include publisher’s rights. , performers' rights, recorders' rights and radio and television organization rights, neighboring rights are protected by law. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.