What is the relationship between copyright and neighboring rights
Copyright in a broad sense includes neighboring rights, but these two concepts are still There are many differences. Copyright refers to the civil rights that creators of literary, artistic and scientific works enjoy over their works in accordance with legal provisions. 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. Neighboring rights belong to the same category of intellectual property as copyright, and the two are closely related. Neighboring rights are evolved from copyright and are a right subordinate to copyright.
But there is a difference between the two; Mainly in the following aspects:
First, the subject different. The subject of copyright is the creator of intellectual works, including natural persons, legal persons and other organizations. The subjects of neighboring rights are the disseminators of the work, that is, publishers of books and periodicals; performers of music, drama, etc.; producers of audio and video recordings and radio and television organizations, etc. Almost all of them are legal persons except performers.
Second, the objects of protection are different. The objects protected by copyright are literary, artistic and scientific works; the objects protected by neighboring rights are works for dissemination, that is, derivative works.It is based on the original work and processed according to the needs of the communication form, such as drama, music performance, poetry recitation, cross talk, etc. The former embodies the creative labor of the author, and the latter embodies the creative labor of the communicator.
Third, the content is different. The content of copyright includes: personal rights, that is, the right to publish, authorize, modify, protect the integrity of works, and withdraw published works; property rights, that is, reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, and screening rights , broadcasting rights, information network dissemination rights, and adaptation, translation, compilation rights, etc. The content of neighboring rights mainly includes the rights of publishers to the books and periodicals they publish, the rights of performers to their performances, the rights of audio and video producers to their audio and video products, the rights of radio and television organizations to their radio and television programs, and the rights of publishers to their publications. rights to the layout design of books and periodicals, etc.
Fourth, the prerequisites for protection are different. As long as the work meets the legal conditions, it can obtain copyright protection as soon as it is created; and the acquisition of neighboring rights is subject to the authorization of the copyright owner and the reuse of the work.
Fifth, the protection periods are different. Except for the right of authorship, the right to modify, and the right to protect the integrity of the work, which are always owned by the author, the copyright protection period is calculated using both the date of death and the date of publication. For example, for the works of individual citizens, the protection period of the right of publication and copyright property rights is the life of the author and 50 years after the death, ending on December 31 of the 50th year after the death of the author; for the works of legal persons and professional works, the right of publication, The protection period of the right to use and receive remuneration is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work is not published within 50 years after the completion of the creation, the copyright law will no longer protect it. 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.
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