1. Whether the rights of the performer can be inherited
According to the Copyright Law It is stipulated that if the copyright belongs to a citizen, after the death of the citizen, the performance right can be inherited by the heir according to law.
2. Relevant legal provisions
"Copyright of the People's Republic of China"Article 10 Copyright includes the following personal rights and property rights:
(1) Right of publication, that is, the right to decide whether the work will be made public;(2) Right of signature, that is, The right to indicate the identity of the author and sign the work;
(3) The right to modify, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) The right to reproduce, that is, the right to make one or more copies of a work by printing, copying, rubbing, recording, videotaping, ripping, or photographing;
( 6) Distribution rights, that is, the right to provide originals or copies of works to the public by selling or donating them;
(7) Leasing rights, that is, licensing others for a fee The right to temporarily use film works, works created by methods similar to filmmaking, and computer software, except that computer software is not the main subject of the rental;
(8) Exhibition rights, that is, the right to publicly display originals or copies of art works and photographic works;
(9) Performance rights, that is, the right to publicly perform works and publicly broadcast the performances of works by various means;
(10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment;
(11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other transmission symbols, The right to disseminate broadcast works to the public using similar tools of sound and image;
(12) The right to disseminate information network, that is, providing the public with wired or wireless means Works, which enable the public to obtain the rights to the works at a time and place of their own choosing;
(13) Filming rights, that is, to make movies or similar The right to fix the work on the carrier using the method of making a film;
(14) The right to adapt, that is, the right to change the work and create an original new work Rights;
(15) Translation rights, that is, the right to convert works from one language into another language;
(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright owner.
The copyright owner may permit others to exercise the rights specified in items (5) to (17) of the preceding paragraph and obtain the rights in accordance with the agreement or the relevant provisions of this Law. remuneration.
The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and in accordance with the agreement or this law Provisions are made for getting paid.
Article 19 If the copyright belongs to a citizen, after the death of the citizen, his rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall not be protected by the provisions of this Law. During the period, it shall be transferred in accordance with the provisions of the Civil Code.
If the copyright belongs to a legal person or other organization, after the legal person or other organization is changed or terminated, the rights of the legal person or other organization shall be subject to Article 1127, Paragraph 1, Items (5) to (17) of this Law. The rights stipulated in this article shall be protected during the period of protection specified in this Law.Within the period, it is enjoyed by the legal person or other organization that assumes its rights and obligations; if there is no legal person or other organization that assumes its rights and obligations, it is enjoyed by the state.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of the Copyright Law, if the copyright belongs to a citizen, after the citizen dies, the performance rights can be transferred to the heirs inherited according to law. If you need legal help, readers can go to the Legal Savior website for consultation. The Legal Savior website has professional lawyers to answer your questions.
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