What is the difference between neighboring rights and copyright?

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What is the difference between neighboring rights and copyrights

(1) Rights The subjects are different.

The subject of copyright is the author of the work and citizens, legal persons or other social organizations other than the author who enjoy copyright. The copyright owner enjoys all or part of the copyright based on contractual relationships, legal provisions, etc. The subject of neighboring rights is the disseminator of the work. In the process of dissemination of a work, the person who gives the work a specific form of dissemination and devotes creative labor, funds and material resources to this end becomes the subject of neighboring rights. Specifically, they are performers, audio and video producers, radio and television organizations and publishers.

(2) The content of rights is different.

Copyright includes personal rights and property rights. The personal rights of the copyright holder are important rights enjoyed by the author or other relevant persons, and they occupy an important position. Neighboring rights directly stipulate the rights of neighboring rights holders, focusing on the protection of the economic interests generated by their communication activities (except for performers' rights). This is because the neighboring right holder cannot re-create the work personally during the dissemination of the work. However, when performers disseminate works, they also involve the protection of their performance images, so they should be given certain protection.

(3) The objects of rights are different.

The object of copyright is a work, which is a work originally created or performed by the author. The object of neighboring rights is the new form of communication given to the work by the disseminator, that is, performances, audio and video products, radio and television programs, and book versions.

(4) The status of the two is different.

Copyright is independent and can be exercised independently, while neighboring rights depend on copyright and are a right that is adjacent to copyright. Neighboring rights always include copyright, and copyright must be involved when exercising neighboring rights.

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Lawyers at different stages Function?

1. Negotiation stage: Lawyers can check the specific contents of the compensation agreement and the letter of understanding, find loopholes and fight back, reducing costs and saving Both sides time.

2. Arbitration stage: Lawyers can help the parties analyze the case and the pros and cons, so that the parties can clarify their position in the arbitration. After accepting the appointment for arbitration, a lawyer shall appear in court to participate in the arbitration, participate in court investigations and debates, and state opinions and demands in accordance with the law. If the parties fail to perform the arbitration award, they may apply to a court with jurisdiction for enforcement in accordance with legal provisions.

3. Litigation stage:

(1) It can reduce the risk of litigation, which involves many Legal expertise, therefore, hiring a lawyer can fully control and prevent litigation risks.

(2) As a plaintiff, hiring a lawyer can make a comprehensive claim, and as a defendant, you can have equal rights with the other party. After fully understanding the case, the lawyer can propose comprehensive compensation for the losses suffered by the victim, and guide the client or the lawyer to collect complete evidence so that the request can be supported to the greatest extent possible. As a defendant's attorney, you can also fight against them and safeguard your legitimate rights and interests.

(3) Hiring a lawyer can reduce the pain of the client. Ordinary people rarely deal with the court, especially when they encounter an unreasonable opponent. It is difficult for an ordinary person to accept this reality. After hiring a lawyer, you can entrust the lawyer with full authority to handle the matter, which saves you a lot of troubles. Hiring a lawyer will provide you with a better guarantee of winning the case and a more complete claim.

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