Does taking photos at the concert infringe on performers' rights?
Depends on the actual situation .
Performer's rights include:
(1) Indicate the identity of the performer;
(2) Protect the performance image from distortion;
(3) Allow others to take photos from the scene Live broadcast and publicly transmit their live performances and receive compensation;
(4) Permit others to record and video record and receive compensation;
(5) Permit them to copy and distribute audio and video recordings of their performances, and receive remuneration;
(6) Permission Others disseminate their performances to the public through information networks and receive compensation.
Therefore, it is not infringing to just take photos or make short videos to show off on WeChat Moments, but if you do a live broadcast, live broadcast the entire concert, or shoot the full name and upload it to the Internet , and get paid. This situation is an infringement.
What behaviors infringe performers’ rights
1. Infringement of the performer's identity rights. Performers have the right to request a real name, a pseudonym or no signature for the performance activities they engage in to indicate the identity of the performer. If it goes against the performer's will, it constitutes an infringement of the performer's identity rights.
2. Distort the performance image. Performers have the right to prohibit others from distorting the image of their performance, and have the right to prohibit others from using the image of their performance for possible purposes.Other uses that harm the reputation of the performer.
Please think about whether the popular "imitation show" programs on TV now involve infringement of performers' rights? It is generally believed that simply imitating a performance does not constitute an infringement of performance. However, if it is a distorted imitation or vilifying imitation of another person's performance that damages the performer's reputation, it will constitute an infringement of the performer's rights.
3. Live broadcast and publicly transmit the performer's live performance without the performer's permission or fail to pay remuneration in accordance with regulations. Of course, since performers do not enjoy mechanical performance rights like copyright owners, radio stations, television stations and other units do not need to obtain permission from performers or pay remuneration when they play published sound recordings instead of live performances. Their actions are not infringement. Behavior.
4. Recording or videotaping other people’s performances without permission, or failing to pay remuneration in accordance with regulations.
5. Copy or distribute audio and video recordings of other people’s performances without permission, or fail to pay remuneration in accordance with regulations.
6. Disseminate their performances to the public through information networks without permission, or fail to pay remuneration in accordance with regulations.
Relevant legal provisions
"Civil Code of the People's Republic of China" 》
Article 110: Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, Rights such as marital autonomy. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
Through the editor's introduction, we can understand that whether taking photos at a concert infringes on performers' rights must be judged based on the actual situation. If it is for profit If so, it will cause infringement. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
