What is the difference between performance rights and performers’ rights?

Both performance rights and performers' rights fall within the protection scope of my country's Copyright Law. Although there is only one word difference between the two and they are closely related to each other, they are two completely different concepts. Today, the editor of Legal Savior Network will introduce to you in detail the differences between performance rights and performers’ rights. .

What is the difference between performance rights and performer rights

The legal nature is different: the former belongs to copyright and the latter belongs to adjacency right.

Performance right refers to the rights that the copyright owner enjoys in accordance with the law. The right to publicly perform his works. my country's Copyright Law defines performance rights as "the right to publicly perform works and publicly broadcast the works by various means." It is related to the copyright holder's right to copy, distribute, and adapt. Translation rights are equivalent to property rights in copyright. The performer's right is a right generated by the performer based on the performance of the work. It is a right that is generated after the performer obtains the author's authorization. It is a right derived from the author's performance right. Therefore, relevant international conventions and most countries will perform The rights of authors and publishers, producers of audio and video products and other disseminators of works are collectively referred to as "neighboring rights", that is, rights adjacent to copyright. my country's Copyright Law lists performers' rights in Chapter 4, which are "rights related to copyrights" and are distinguished from copyrights.

The objects of protection are different: the former is works and the latter is performances.

The reason for protecting performance rights is that the author protects his or her work its creation, its guestThe body is the work itself, and the method is allowing others to perform the work in a certain way and get paid. The object of the performer's rights to be protected is the performer's own image, movements, sounds and a series of performance activities when performing the work. Therefore, if a work has been performed multiple times by different performers, then there will be more than one person holding the performer's rights, but the subject of the performance right is still the author. The reason is that the work itself has not changed, and the activities of each performer are not the same. .

The rights holders are different: the former is the author, the latter for performers.

The subject of the performance right is the copyright owner, that is, The author of the creative work. The subject of performer's rights is the performer of the performance work. Therefore, for art forms such as poetry, drama, music, dance, folk art, etc., poets, playwrights, songwriters, choreographers, and creators of sketches and crosstalk are the right holders of the performance right, while reciters, theater troupes, or actors, Singers, dancers, and sketch comedians are the right holders of performers' rights. Since the copyright holder can perform the work himself or authorize others to perform, it is possible that the performance right and the performer's right may conflict in subject matter. For example, impromptu speeches and impromptu dances. At this time, the speakers and dancers are also the copyright owners of oral works and dance works. For another example, if a singer sings songs of his own lyrics and composition, then he enjoys both performance rights and performer rights. Of course, in most actual cases, there are still only a few cases where the two entities compete.

The content of rights is different: the former is property rights, the latter It includes both property rights and personal rights.

Performance rights are property rights in copyright, and the rights content The main manifestation is that regardless of whether the work is published or not, performers who use other people's works for commercial performances must obtain the copyright owner's permission and pay remuneration. It can be seen that the performance right is a right for the author and an obligation for the performer. Performers have the following rights to their performances after being authorized by the author:

(1) Indicate the identity of the performer;

(2) Protect the performance image from distortion;

(3) Permit others to broadcast and publicly transmit their live performances and receive compensation;

(4) Permit others to record or video record, and receive compensation;

(5) Permitting others to copy and distribute other Audio and video recordings of performances and remuneration;

(6) Allow others to disseminate their performances to the public through information networks and receive remuneration. It can be seen that performers' rights include two aspects: personal rights and property rights. The first two items are the performer's personal rights, namely the right of signature and the right to protect the integrity of the performance. The last four items are the performer's property rights, including public communication rights, recording rights, reproduction and distribution rights and the corresponding right to request remuneration.

If you need legal help, readers are welcome to The Legal Savior Network provides legal consultation. The professional legal team of the Legal Savior Network will answer your questions in a timely manner so that you can safeguard your rights and interests in a timely manner.