What is the relationship between performance rights and performers' rights
In the setting of rights, the Copyright Law stipulates that there are two Rights ------- Performance rights and performers' rights do not mean the same thing, and they are quite different and easy to confuse.
1. Performance right refers to the right of the copyright owner to The right to public performance of one’s work under copyright law. The right to perform is clearly stipulated in the Copyright Law. The right to perform refers to the right to publicly perform a work and to use various means to publicly broadcast the performance of the work. Among them, we can see several characteristics of performance rights:
1.Performance right is a copyright property right. It belongs to the author and his successors (hereinafter collectively referred to as rights holders) who legally enjoy the author's property rights (to be precise, the property rights should be performance rights). However, since it is not a personal right of the copyright, it can be transferred.
2. The objects of performance rights are various works , the law does not clearly stipulate what these objects include, so it should be understood as all kinds of works that can be performed and enjoy copyright according to law, but the main or common works are music, comedy, folk art, drama, and sketches.
3. The owner of the performance right. The right holder of the performance right can only be the author and the successors who legally enjoy the author's copyright in the work, and cannot be other natural persons, legal persons or other organizations that do not have legal or agreed rights to perform. For example, some singers in a bar who freely sing other people's copyrighted songs without the rights holder's permission infringe on the right holder's performance rights because they are not the right holder of the performance right, and they cannot enjoy performer's rights because of their performance. . Of course, many rights holders do not necessarily exercise their performance rights themselves, but more often transfer them to others for exercise. This allows others to enjoy both performance rights and performer rights. The above matters concerning performers' rights will be explained below.
4. Performance rights include live performance rights and mechanical Performance rights. Live performance refers to the author's right to perform his or her work in public. But the work should have been published. For some real-life situations, the impromptu performances of many singers at the program recording site, as well as the impromptu lectures and speeches given by some teachers, scholars, politicians, etc., are not live performances, but the first publication of their works, and their exercise is The right to publish, not to perform. Mechanical performance rights, as opposed to live performance rights, refer to the way in which recorded performances are disseminated to the public in the form of material carriers, such as records, films, etc. In the Copyright Law, it is expressed as "the author's right to publicly broadcast the work by various means." The right to perform”.
2. Performer's right is a category in copyright theory, which refers to the general term for various rights that performers enjoy based on their performances. Our country's copyright does not express performers' rights, but only stipulates the scope of performers, performers' rights, etc., and stipulates the rights enjoyed by performers in accordance with copyright law in the rights related to copyright (i.e., neighboring rights). Based on the relevant content of copyright theory and copyright law, we can derive a characteristic of performers’ rights.
1. Performer’s right is a neighboring right . Neighboring rights are rights related to copyright, English is "neig""hboringrights" originally means adjacent or related rights. It is a right based on the dissemination of works, so it is often also called a disseminator's right. Many scholars believe that neighboring rights do not have the essential characteristics of copyright, but It is just a right stipulated by law in the process of dissemination of works. However, some scholars believe that during the dissemination of works, the disseminator has re-created, and therefore can enjoy new copyrights on the re-created new "works". This is It is more reasonable and will not be repeated here.
2. The "performer" in the performer's right must obtain permission from the right holder and must pay remuneration. To use other people's works for performances, the performer (actor, performance unit) must obtain permission from the copyright holder and pay remuneration. Performance organizers To organize a performance, the organizer must obtain permission from the copyright holder and pay remuneration. At the same time, if a work produced by adapting, translating, annotating, or organizing an existing work is used for a performance, the organizer must obtain the copyright owner of the adapted, translated, annotated, or organized work. The copyright owner of the original work gives permission and pays remuneration.
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