What are the differences between neighboring rights and Copyright
Although neighboring rights depend on copyright, there are differences between them A more obvious difference. Mainly manifested in:
1. The subject of neighboring rights Most of them are 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 the neighboring right is the result produced in the process of disseminating the work. For example, A records and sells the album of singer B and obtains benefits. Then the neighboring right protects these "interests". The object of copyright is the work itself.
3. In addition to performer’s rights, neighboring rights Generally speaking, personal rights are not involved, 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 The scope of rights is not broad. After listing many ways to use works, the law also stipulates general provisions, that is, "other rights that should be enjoyed by the copyright owner."
5. The exercise of neighboring rights is also subject to the work Restrictions from the copyright holder. For example, if a performer performs a work, he or she has the right to license others to record or videotape the work and receive compensation. However, if the copyright owner of the performed work does not agree, 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.
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