Is the performer's right included in the copyright?
Performance generally occurs in the field of art, mainly in music, dance, Performances in drama, folk arts, movies, television, audio and video recordings. Performers' rights are the rights that performers have over their performances. Whether the performer's right is a neighboring right or a copyright has different regulations in the laws of various countries. Generally speaking, copyright laws in civil law systems mostly include performers' rights under the category of neighboring rights of works, while copyright laws in common law systems integrate performances, works, sound recordings, and video recordings into copyrights because there is no related rights system. protection, so performers’ rights are included in the copyright (copyright) system. The following focuses on explaining that performances are also works from the perspective of copyright law, and performers' rights are actually copyrights.
The performer's right stipulated in the current Copyright Law is equal to the copyright
The third section of the current Copyright Law Compared with Article 36 of the 1990 Copyright Law, the content of Article 18 has been increased. It stipulates that “Performers have the following rights regarding their performances:
(1) To indicate the identity of the performer;
">(2) Protect the performance image from distortion;
(3) Allow others to broadcast and publicly transmit their live performances and receive compensation;
(4) Permitting others to record or record audio and video recordings, and receiving compensation;
(5) Permitting others to copy and distribute the recordings Have audio and video recordings of their performances and receive remuneration;
(6) Allow others to disseminate their performances through information networks and receive remuneration."
These six rights can be divided into two categories according to their attributes, namely personal rights and property rights; if compared with the content of copyright, the two are almost the same. The first right to identify the performer is equivalent to the right of authorship and is wider in scope thanThe right of signature is broader; the second right to protect the performance image from distortion is equivalent to the author's right to protect the integrity of the work; the third to sixth rights are to allow others to broadcast live broadcasts, to license audio and video recordings, and to license others to copy and distribute The right to record audio and video recordings of his or her performance, the right to permit others to disseminate the performance through information networks, and the right to receive remuneration for this are equivalent to the author's right to use the work and receive remuneration.The above content describes in detail that performers’ rights are actually included in copyrights. The labor results and rights of each performer should be protected by law. , no matter what kind of work you perform, you have rights. If you need other legal advice, you can contact the professional lawyers of the Legal Savior Network.
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