1. Can performer rights be transferred?
No. It is a right in copyright, but a general term for all rights enjoyed by performers based on their performances. The content of moral rights in performers' rights is connected with the performer's person and cannot be transferred or deprived.
"Copyright Law of the People's Republic of China"
Article 38 Performers' rights to Performances enjoy the following rights:
(1) Identify the performer;
(2) Protect the performance image from distortion;
(3) Allow others to broadcast and publicly transmit their live performances and receive compensation;
(4) Permit others to record or record audio and video recordings, and receive compensation;
(5) Permit others to copy and distribute other recordings Audio and video recordings of performances, and receive remuneration;
(6) Allow others to disseminate their performances to the public through information networks, and receive remuneration.
The licensee who uses the work in the manner specified in items (3) to (6) of the previous paragraph shall also obtain permission from the copyright owner and pay remuneration.
Article 39 The protection period of the rights stipulated in Items (1) and (2) of Article 38, Paragraph 1 of this Law shall not Restricted.
The protection period of the rights stipulated in Items (3) to (6) of Article 38, Paragraph 1, of this Law is fifty years, ending On December 31, the fiftieth year after the performance.
2. The difference between performance rights and performer rights
The first difference is that the legal nature of the two is different. Performance rights are one of the property rights of works, while performers' rights are one of the neighboring rights of works. Performance rights refer to The author of a work has the right to perform his work in public. According to the provisions of the law, it is a property right in copyright. The performer's right is the right that arises when the performer performs the author's work, provided that it must be With the authorization and approval of the author of the work.
The second difference is performance rights and performer rights. The things protected under the rights are different. Performance What the right protects is the performer's right of the work. What it protects is the performance. The performer's right of a work can be multiple people, but the performance right can only be owned by the author.
The third difference is that the individuals who own the rights are different. The performance right is owned by the author, and the performer's right is owned by the performer. After the author produces a work, the author will naturally own the performance right of the work. , and the performer has the performer's right to perform the author's work after obtaining the author's approval and authorization.
The fourth one is between the two The content of rights is different. Performance rights are mainly property rights. In addition to property rights, performer rights also include personal rights. Performance rights are one of the property rights in copyright. The reason why they are property rights is because others want to use the work. Corresponding remuneration must be paid when performing.
The above knowledge is the editor’s answer to relevant legal issues. Performer’s rights are not rights in copyright , but a general term for the rights enjoyed by performers based on their performances. The content of moral rights in performers' rights is connected with the performer's person and cannot be transferred or deprived. If you need legal help, readers can go to Legal Savior For consultation online, the Legal Savior Network has professional lawyers to answer your questions.
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