1. Can performers authorize others?
Performers’ rights do not belong to The rights in copyright are a general term for the various rights enjoyed by performers based on their performances. The moral rights in performers' rights are 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 performers' rightsThe first difference is 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 right means that the author of the 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 authorized and approved by the author of the work.
The second difference is performance rights and performer rights. The things protected under rights are different. Performance rights protect the rights of performers of works. What is protected is the performance act. The performer rights of a work can be owned by multiple people, but the performance rights can only be owned by the author.
The third difference is that the individuals who own the rights are different. Performance rights are owned by the author, while performer rights are owned by the performer. After the author produces a work, the author will naturally have the right to perform the work, and the performer will have the performer's right to perform the author's work with the approval and authorization of the author.
The fourth is that the content of rights between the two is different. Performance rights are mainly property rights. In addition to property rights, performers' rights also include personal rights. . Performance right is one of the property rights in copyright. The reason why it is a property right is that others must pay corresponding remuneration when they want to use the work for performance.
The above is the answer given by the editor of Legal Savior Network on "Can the performer's rights be authorized to others?" We can understand that the performer's rights are not included in the copyright Rights are 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. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
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