Copyright refers to the civil rights that creators of literary, artistic and scientific works enjoy in accordance with legal provisions on their created works. Neighboring rights refer to the rights enjoyed by the disseminator of a work when disseminating the work. Because it is closely connected with the copyright, it is called a neighboring right of the copyright.
What are the differences between copyright and neighboring rights
(1) Different rights holders
The subject of copyright is the creator of the intellectual work, including natural persons, legal entities and non-legal entities. The basis for its rights is the creative labor expended by the author in creating the work, or the legal inheritor of the copyright, such as the author's heirs. The subject of neighboring rights refers to the disseminator of the work, including publishers, performers, audio and video producers, radio and television program players, etc. Except for performers, almost all are legal persons. The basis for their rights is that the disseminator is disseminating the work. The amount of work done is different from the creative intellectual work of the author.
(2) Different objects of protection
Copyright protection The objects of protection of neighboring rights are original literary, artistic and scientific works that meet the conditions stipulated in the Copyright Law; the objects of neighboring rights protection are works that have been artistically processed by the disseminator. The former reflects the creative work of the author, while the latter mainly reflects the creative work of the communicator.
(3) The content of rights is different
Mainly copyright Including personal rights such as the right to publish, the right to authorize, the right to modify, the right to protect the integrity of the work, and the right to use, the right to receive remuneration and other property rights; the content of neighboring rights mainly includes the publisher's rights to the books and periodicals it publishes, and the performer's rights to the performance.Audio and video producers’ rights to their audio and video products, and radio and television organizations’ rights to their radio and television programs. The content of neighboring rights varies depending on the form of communication. For example, according to my country's copyright law, performers have the right to indicate the performer's identity, protect the performer's image from being distorted, permit others to broadcast live broadcasts, permit others to record and videotape and obtain remuneration, etc. Rights, audio and video producers have the right to license others to copy and distribute the audio and video products they produce, and to receive remuneration. Radio and television organizations have the right to broadcast, license others to broadcast and receive remuneration, and license others to copy and distribute the programs they produce and receive remuneration. Book publishers enjoy the exclusive right of publication, the right to modify the work, and the exclusive right to use the binding form of the publication.
(4) Different prerequisites for protection
Works As long as legal conditions are met, copyright protection may be obtained as soon as it is created; the acquisition of neighboring rights must be based on the authorization of the copyright owner and the reuse of the work.
(5) Different protection periods
Copyright protection period Except for the right of authorship, the right of modification, and the right to protect the integrity of the work, which are unrestricted and belong to the author forever, the protection period of the other rights is calculated using both the death method and the publication method. As for the term of protection of neighboring rights, except for the unrestricted right of the performer to identify himself as a performer and protect the image of the performance from distortion, the term of protection of other rights is calculated from the date of publication, that is, it ends after the performance occurs, when it is first published or December 31, 50th year after broadcast.
The above is the information compiled by the editor of Legal Savior Network on the difference between copyright and neighboring rights. Although copyright and neighboring rights are closely related, there are still some differences between the two in terms of subject, object, content, and protection period. If you are still not clear about the difference between the two, you are welcome to go to the Legal Savior Network for legal consultation.
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