How can I use other people’s work for a performance?

According to the provisions of the Copyright Law, performers who use other people's works for performances must obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration. Regarding the question of how to use other people's works for performances, the editor of Legal Savior Network will answer it in detail for you below.

1. How to use other people’s works for performances

1. Use other people’s works To perform a work, the performer must obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration.

2. Legal basis: "Copyright Law of the People's Republic of China"

38 Article 11 When performing a performance using the works of others, the performer shall obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration.

2. Who are the performers

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 performed by foreigners and stateless persons within China, as well as the rights enjoyed by foreigners and stateless persons toward their performers in accordance with international treaties to which China is a party, are protected by my country's copyright law.

Performance right belongs to the copyright holder and is a right in the property rights of the copyright. The copyright holder often exercises the performance right through authorization or transfer. A performer who has obtained a performance right license performs artistic processing, creation, and reproduction of the original work. These behaviors are performances. The performer has exerted creative labor in the performance process and therefore enjoys performer's rights over his or her performance. Therefore, performance rights and performers' rights are two different concepts. The former belongs to the copyright owner, and the latter belongs to the performer. It is precisely because of the differences in artistic creation levels and comprehension abilities among performers that the same work performed by different performers has very different effects. Therefore, the law must protect creative performances and grant performers corresponding performer rights.

According to the provisions of the Copyright Law, performers who use other people’s works for performances must obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.