1. Does the performer’s right include the right to rent?
In our country, performance The owner's rights do not include the right to rent. According to the interpretation of Article 5 of the "Regulations for the Implementation of the Copyright Law", the so-called performer refers to actors, performance units or other people who perform literary or artistic works. It should be noted here that the scope of performers does not only refer to natural persons, but also includes performance units, which can be legal persons or other organizations. Article 33 of the regulations also stipulates that performances by foreigners and stateless persons within China, as well as the rights of foreigners and stateless persons to their performers in accordance with international treaties to which China is a party, are protected by my country's Copyright Law.
2. What does performer’s rights include
(1) Indicate the identity of the performer;
(2) Protect the performance image from distortion;
(3) Permit others to broadcast and publicly transmit their live performances and receive compensation;
(4) Permit others to record and videotape, and receive compensation;
(5) Permit others to copy and distribute audio and video recordings of performers' performances , and get paid;
(6) Allow others to disseminate their performances to the public through the Internet, and get paid.
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.
Performers who use other people’s works for performances shall obtain a licenseThe copyright holder gives permission and pays remuneration.
Generation of performer's right: The premise for the emergence of performer's right is that the copyright owner licenses the performance right of his work to the performer, but the setting of performer's right does not It is conducive to safeguarding the interests of performers, because performers' rights are enjoyed by performers, while performance rights belong to the copyright holder.
The protection period of performers’ rights: The protection period of performers’ rights is December 31 of the 50th year from the date of completion of the first performance.
The above content is relevant content collected by the editor of Legal Savior Network. What needs to be noted is: the obligations of performers in the formation of their rights: regardless of whether other people’s works are published or not, the performance Anyone who uses other people's works for performances must obtain permission from the copyright holder and pay remuneration. Performers who use works produced by adapting, translating, annotating, or organizing existing works to perform must obtain permission from the copyright owners of the adapted, translated, annotated, or compiled works and the copyright owners of the original works, and pay remuneration. For more details, please read other related readings on the Legal Savior Network or directly consult the online lawyers on the Legal Savior Network to bring you more professional answers.
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