How to understand performance rights
1. Characteristics of performance rights
(1) The subject of performance rights is the author of literature, music, folk art and other works, other copyright holders, or subjects with their permission.
(2) The object is a work, mainly a musical work, a dramatic work, a dance work and other works with intuitive reproducibility.
(3) Performance rights include:
①The copyright holder has the right to perform or Authorize others to perform works based on intellectual property rights.
② Copyright owners can prohibit others from performing their works without permission.
Two , How long is the protection period of performance rights
(1) The protection period of the performance rights of citizens’ works is the lifetime of the author and 50 years after the death, ending on December 31 of the 50th year after the death of the author; if it is a collaborative work, ending on December 31 of the 50th year after the death of the last author.
(2) Works and copyrights (except for the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations. The protection period of the performance right is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work is not published within 50 years after the completion of the work, it will no longer be protected.
Article 21 of the Copyright LawFor a citizen's work, the right to publish and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be protected for the life of the author and fifty years after his death, ending after the death of the author. December 31 of the fiftieth year; if it is a joint work, the deadline is December 31 of the fiftieth year after the death of the last author.
Works and copyrights (except for the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations, and their right of publication, The protection period of the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work has If the creation is not published within fifty years after completion, this law will no longer protect it.
Film works and works created by methods similar to filmmaking, and photographic works, the right of publication, Article 10, 1 of this Law The protection period of the rights stipulated in subparagraphs (5) to (17) of this paragraph is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work shall not be protected within fifty years from the completion of its creation. Publication shall no longer be protected by this Law.
"The Implementation Regulations of the Copyright Law of the People's Republic of China" Article 5 The meaning of the following terms in the Copyright Law and these regulations:
(6) Performer refers to actors, performance units or other people who perform literary or artistic works.
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