Are the rights of sound recording producers the same as copyright? ?
No, the difference between the two is the difference between neighboring rights and copyright:
(1) The subjects are different. The subjects of copyright are the creators of intellectual works, including natural persons and legal persons; the subjects of neighboring rights are publishers, performers, audio and video producers, radio and television organizations, and almost all of them are legal persons except performers.
Copyright belongs to the author, unless otherwise specified. The citizen who created the work is the author. For works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author. In the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
(2) The protected objects are different. The objects of copyright protection are literary, artistic and scientific works, and the objects of neighboring rights protection are works that have been artistically processed by the disseminator. The former reflects the creative work of the creator, and 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 neighboring rights mainly refers to the publisher's rights to the books and periodicals published, the performer's rights to their performances, and the audiovisual producer's rights to the audiovisuals. products, broadcasting and television organizations’ rights to their broadcasts 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; generally, the acquisition of neighboring rights is subject to the authorization of the copyright owner and the reuse of the work.
The rights of audio and video producers refer to the rights that audio and video producers have over the audio and video products they produce. Article 42, paragraph 1, of my country’s Copyright Law stipulates: “Producers of audio and video recordings have the right to license others to copy, distribute, rent, and disseminate to the public through information networks the audio and video recordings they produce and receive remuneration. This right The protection period is fifty years, ending on December 31, the fiftieth year after the product was first made.”
According to the above provisions, the rights of producers of audio and video recordings include the following specific contents: Producers of audio and video recordings have the exclusive right to use, sell, and The right to copy, rent, and disseminate to the public through information networks; and the right to permit others to copy, distribute, rent, and disseminate to the public through information networks and receive remuneration; without the permission of the producer of audio and video recordings, whether it is direct copying or Indirect copying (transcription) is an infringement of the rights of the audio and video producer.
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