What are the infringements of performance rights
Public performance of the work without the permission of the copyright owner constitutes performance infringement Rights
Performance rights, that is, public performance rights and performance rights . Refers to the right to publicly perform works and publicly broadcast works by various means. The characteristic is that it must be conducted in a public manner and for an unspecified majority of people. Performing other people's works requires permission from the copyright owner. However, published works can be performed for free without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work must be indicated, and other rights of the copyright owner must not be infringed
Performance rights belong to the copyright holder of the work. According to Article 10 of the Copyright Law, copyright holders enjoy the right to perform, that is, the right to publicly perform their works and to publicly broadcast their works by various means. Performances include both live performances and mechanical performances.
The former refers to the performer's use of acting skills to present the scene to the audience. The audience's behavior of performing works, such as playing music, staging scripts, reciting poetry, etc.; the latter refers to the use of records, CDs and other material carriers to disseminate recorded performances to the public, such as playing music in OK halls and dance halls wait. But whether they are live performances or mechanical performances, they are all publicTo perform the work, the consent of the copyright owner must be obtained and remuneration must be paid to him.
Relevant legal provisions
《 Copyright Law of the People's Republic of China"
48 Article 1 Anyone who commits the following infringement acts shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement act to cease, confiscate the illegal gains, and confiscate, Infringing copies may be destroyed and a fine may be imposed; if the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Reproduction, distribution, performance, Screening, broadcasting, compiling, and disseminating his works to the public through information networks, except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
(3) Copying and distributing audio and video recordings of the performer's performance without the permission of the performer, or disseminating his or her performance to the public through information networks, Except as otherwise provided for in this law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the audio and video producers, unless otherwise provided for in this law;
(5) Play or copy without permission Radio and television, except as otherwise provided for in this law;
(6) Without the permission of the copyright owner or the copyright-related rights holder, deliberately avoids or destroys the technical measures taken by the rights holder to protect the copyright or copyright-related rights for his works, audio and video products, etc., the law, Except as otherwise provided by administrative regulations;
(seven ) Deliberately deleting or changing the electronic rights management information of works, audio and video recordings, etc. without the permission of the copyright owner or copyright-related rights holder, unless otherwise provided by laws and administrative regulations;
(8) Producing and selling works that counterfeit the signature of others.The above knowledge is the editor’s answers to relevant legal issues, based on our country’s copyright According to the provisions of the law, public performance of the performer's work without the permission of the performer will constitute an infringement of the performance right, and the infringer shall bear corresponding legal liability. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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