1. Under what circumstances can sound recordings be produced without the consent of the copyright holder
1. A sound recording producer who uses a musical work that has been legally recorded as a sound recording by others can make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations. Except where the copyright holder declares that it cannot be used.
2. Legal basis: "Copyright Law of the People's Republic of China"
Forty-two Article 1 Producers of audio and video recordings that use the works of others to produce audio and video recordings must obtain permission from the copyright owner and pay remuneration.
A sound recording producer may use musical works that have been legally recorded as sound recordings by others to make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations; Copyright It shall not be used if the person declares that it is not allowed to be used.
2. What are the rights of sound recording producers
Producers of phonograms include audio and video publishing houses, radio stations and other people who record phonograms. Producers of sound recordings enjoy neighboring rights in the sound recordings they produce. Producers of sound recordings have the right to sign their names on the sound recordings they produce. Record producers have the right to license others to use the sound recordings they produce by copying and other methods and receive compensation. The protection period of the sound recording producer's property rights is 50 years, ending on December 31 of the 50th year after the sound recording is produced. This neighboring right expires 50 years after the recording of the sound recording.
The Copyright Law stipulates that audio and video producers have the right to license others to copy, distribute, rent, disseminate to the public through information networks and receive remuneration for the audio and video products they produce. The right; the protection period of the right is fifty years, ending on December 31 of the fiftieth year after the first production of the product. quiltThe licensor may copy, distribute, and disseminate audio and video recordings through information networks, and must also obtain permission from the copyright holder and performer and pay remuneration.
A sound recording producer who is licensed to copy, distribute, or disseminate sound recordings through the Internet shall, in addition to obtaining the permission of the above-mentioned sound recording product producer, also obtain the copyright owner's permission in accordance with regulations and performers' permission and payment of remuneration.
According to the provisions of the Copyright Law, sound recording producers may use musical works that have been legally recorded as sound recordings by others to make sound recordings without the permission of the copyright owner. However, remuneration should be paid in accordance with regulations. Except where the copyright holder declares that it cannot be used. 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.
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