How related rights are reflected in copyright
Copyright has a narrow sense and In a broad sense, copyright in a narrow sense refers to a series of rights enjoyed by authors over their works. Copyright in a broad sense also includes related rights, that is, a series of exclusive rights enjoyed by others other than the author to objects other than the work.
Although neighboring rights depend on copyright, there are obvious differences between them. The main manifestations are:
1. The subjects of neighboring rights are mostly legal persons or other organizations, while the subjects of copyright are mostly natural persons. Creation is the process of seeking form for thoughts and emotions, the act of designing and completing literary and artistic forms, and the process from conception to completion of expression. Conception is mainly an inner activity, so objectively, only natural persons are the only de facto authors of literary, artistic and scientific works. As a kind of communication right, the subjects of neighboring rights are mostly organizations or legal persons such as news media.
2. The object of neighboring rights is the process of disseminating the work For example, if A records and sells singer B's records and obtains benefits, then the neighboring rights protect these "interests". The object of copyright is the work itself.
3. Neighboring rights generally do not involve personal rights except performer's rights, while copyright includes both personal rights and property rights.
4. The scope of neighboring rights is often limited to those stipulated by law, while the scope of copyright is not extensive. The law lists many types of uses of works. After the method, a general clause is also provided, that is, "other rights that should be enjoyed by the copyright owner."
5. The exercise of neighboring rights must also be restricted by the copyright holder of the work. For example, when a performer performs a work, he or she has the right to license others to record or videotape the work and receive remuneration., but if the copyright holder of the performed work disagrees, the performer's permission will be invalid. It can be seen that the neighboring right enjoyed by the communicator is more of a prohibition right, that is, the right to object to the unauthorized cooperation of others by the copyright owner. The copyright holder enjoys the copyright and can decide whether to exercise it at his own discretion.
I hope that through the above content you can have a deeper understanding of the issues related to neighboring rights in copyright. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
