1. Does dubbing belong to the performer's right?
Dubbing actors can only Creating sounds at the level of existing text scripts cannot be divorced from specific lines, and the ways in which sounds can express emotions are very limited, leaving less room for creation. Therefore, the lines and sounds formed by dubbing actors cannot constitute a new work, and dubbing actors cannot enjoy Copyright.
The scope of neighboring rights enjoyed by voice actors as performers. What can match it is of course the performer's rights. Performers as stipulated in the Copyright Law refer to actors, performance units, or other persons who perform literary or artistic works. Therefore, voice actors are performers. Performers' rights include both personal rights and economic rights. The rights of a performer as a dubbing actor may include the following rights:
1. The right to indicate the identity of the performer;
This is the easiest right to understand, similar to the author's right of authorship.
2. The right to protect the performance image from distortion.
2. What does performer’s rights include
Performer's rights belong to neighboring rights. According to Article 37 of the Copyright Law, performers enjoy the following rights for their performances:
1. Indicate the identity of the performer;
2. Protect the image from distortion;
3. The licensor receives compensation from live broadcasts and public transmissions of his or her live performances;
4. Permits others to record or record audio and video recordings, and Get paid;
5. Allow others to copy and distribute audio and video recordings of their performances, and receive compensation;
6. Allow others to pass Information networks disseminate their performances to the public and receive remuneration.
In addition, if the licensee stipulates in the above items (3) to (6) To use the work in a certain manner, one must also obtain permission from the copyright holder and pay remuneration. In this case, Jin enjoyed performer rights for his performance, but Keyi Audio and Video Publishing House denied Jin’s performer rights on the grounds that he had obtained permission from the copyright holder. The claim has no legal basis. One of Kim's rights as a performer is to allow others to copy and distribute audio and video recordings of his performances and receive compensation.
Because the form of dissemination of audio and video products often affects the economic income of performers when they re-perform the same program, and in the process of expanding the scope of distribution, both audio and video production and publishing distributors can benefit. In order to coordinate Mutual interests between disseminators of works, lawyers have stipulated that performers are also entitled to corresponding remuneration.
Furthermore, in accordance with Article 41 of the Copyright Law It stipulates that licensees who reproduce, distribute, and disseminate audio and video products to the public through information networks with the permission of the producers of audio and video recordings must also obtain permission from the copyright owner and performers and pay remuneration. Therefore, although Keyi Audio and Video Publishing House obtains It is an infringement of Kim's performer's rights to distribute it without permission from the copyright holder and authorization from Dadi Art Feature Film Production Company, but without obtaining Kim's consent or paying him any remuneration.
The above is the answer given by the editor of Legal Savior Network on "Does dubbing belong to the rights of the performer?" We can understand that the voice of the lines formed by the dubbing actor does not constitute For new works, dubbing actors cannot enjoy copyright. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to seek legal consultation again.
