Do unlicensed performances have performer rights?

According to the relevant laws of our country, copyright is a very important kind of intellectual property rights. There are many rights in copyright, and performance rights are one of them. So do unlicensed performances have performers' rights? The following is from the law The editor of Savior.com has provided answers for readers. I hope the following knowledge will be helpful to readers.

1. Whether the unlicensed performance has performer rights

No If a performance is performed with a license and a published work is performed for free, the performance does not charge fees to the public, nor pay remuneration to the performer, and does not infringe the performer's rights, so the performer's rights cannot be exercised.

2. Relevant legal provisions

Article 22 of the Copyright Law of the People's Republic of China

In the following circumstances, you may not use a work without With the permission of the copyright owner, no remuneration will be paid to the copyright owner, but the name of the author and the title of the work must be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed:

(1) For personal study, research or appreciation, using other people’s published works;

(2) To introduce, comment on a certain work or explain a certain issue , Appropriately quote the published works of others in the work;

(3) In order to report current affairs news, it is not allowed to be used in newspapers, periodicals, radio stations, television stations and other media Avoid reproduce or quote published works;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast other newspapers, periodicals, radio stations Current affairs articles on political, economic, and religious issues that have been published by TV stations and other media, except those where the author has stated that they are not allowed to be published or broadcast;

(5) Newspapers , periodicals, radio stations, television stations and other media to publish or broadcast speeches delivered at public gatherings, unless the author declares that they are not allowed to be published or broadcast;

(6) For school classroom teaching or scientific research, translate or copy a small amount of published works for use by teaching or scientific researchers, but shall not be published or distributed;

(7) State agencies use published works within a reasonable scope for the purpose of performing official duties;

(8) Libraries, archives, memorial halls, museums, art galleries, etc. for display purposes Or copy the works collected by the museum for the purpose of preserving the version;

(9) Free performance of published works. The performance does not charge fees to the public and does not Pay remuneration to performers;

(10) Copy, paint, photograph, and videotape artistic works installed or displayed in outdoor public places;

(11) Translate works written in Chinese language and written by Chinese citizens, legal persons or other organizations into minority languages ​​and publish them domestically;

(12) Convert published works into Braille for publication.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.

Article 38 Performers have the following rights regarding their performances:

(1 ) 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) Allow others to record and video record, and receive compensation;

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(5) Allow others to copy and distribute audio and video recordings of their performances, and receive compensation;

(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.

The above knowledge is the editor's answer to relevant legal issues. If a performance is performed without permission, if it is a free performance of a published work, the performance does not charge fees to the public, nor does it The performer's payment of remuneration does not infringe upon the performer's rights, so the performer's rights cannot be exercised. 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.