How to exercise performance rights
The copyright owner can perform the work publicly and publicly broadcast the work through various means. performance rights, or entrust others to exercise the performance rights.
"Copyright Law of the People's Republic of China"
Article 10 Copyright includes the following personal rights and property rights:
(9) Performance rights, that is, public performance of works, and use of The right to publicly broadcast the performance of the work by any means;
Article 37 When using other people’s works for performances, performers (actors, performance units) 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.
Performances using works produced by adapting, translating, annotating, and organizing existing works must obtain permission from the copyright owners of the adapted, translated, annotated, and organized works and the copyright owners of the original works, and pay remuneration.
Conditions for obtaining and generating copyright
In terms of the nature of conditions, they can be divided into two types: substantive conditions and formal conditions.
The so-called substantive conditions refer to the fact that the law regards the production of literary and artistic works as the only legal fact for obtaining copyright. There are generally two standards. One standard is that as long as a specific Thoughts or emotions are endowed with a certain literary and artistic form. Whether this form is the whole work or part of it, and regardless of whether the work has taken a certain material form and been fixed, it can be considered protected according to law. Work. Another standard is that in addition to meeting the general conditions of being a work, that is, being expressed in a certain literary and artistic form, this form is also required to be fixed through a material carrier in order to obtain copyright law protection.
Formal conditions mean that after the work is completed, it can be enjoyed without any other conditions. To obtain copyright, certain conditions must be attached or certain legal procedures must be performed. Currently, there are three main methods: the first method is to automatically obtain the copyright based on the production of the work. The second method is to obtain copyright in addition to In addition to creating a work, you must also complete registration procedures to obtain copyright. The third method is to add a copyright mark as a condition for obtaining copyright, and there is no need to complete other procedures.
The above knowledge is the editor's answer to relevant legal issues. Copyright owners can exercise their performance rights by publicly performing their works, publicly broadcasting their works by various means, or entrusting others to exercise their performance rights. If you need legal help , welcome to the Legal Savior Network for legal consultation.