What is the statutory concept of performance
Performing art is performed through people's singing, playing or human body movements and expressions. The art of shaping images, conveying emotions, and expressing life.
For example, music.
Music uses sound as the material medium and time art that is a way of being and appeals to hearing. Unlike painting, sculpture and other plastic arts, music can directly provide spatiality and be frozen in time. It unfolds and completes in time, with temporal continuity and fluidity. At the same time, sound corresponds to the subject's auditory organ, and people's grasp of music mainly relies on hearing. Therefore, music is also called auditory art.
Another example is dance.
Dance is the art of human movement. It expresses ideas through rhythmic, organized and beautified fluid movements. Dance expressions, dance movements, and dance composition are the three elements of dance art. The above three elements are notIt is isolated, but connected with the inner emotions and soul of the characters to form an organic artistic whole, thereby achieving the purpose of "dancing to express love".
In addition, representatives of this category usually include drama, Acrobatics, folk arts, sketches, magic, etc. are also classified as performing arts.
What is the meaning of performer's rights
Theoretical circles have inconsistent understandings of the definition of performers, the subject of performers' rights, and there are mainly two problems:
1. Category definition. In a broad sense, performers include not only those who perform copyrighted literary and artistic works, but also those who perform literary and artistic works in the public domain, as well as those who perform non-work performances. In a narrow sense, performers only include those who perform literary and artistic works and do not include those who perform non-literary arts, such as jugglers, acrobats, sports athletes, etc.
2. Subject type. The performer in the sense of neighboring rights is definitely a natural person, but whether it can be a company, enterprise or other legal person is worth exploring. my country's copyright law, like most countries in the world, limits performance to the public reproduction of works, while the reproduction of non-works is mainly protected by the Civil Code or the reproducer's portrait rights in civil law.
PerformerWhat are the contents of the rights?
(1) Indicate performance Identity of the performer;
(2) Protect the performance image from Be distorted;
(3) Allow others to obtain information from the scene Livestream and publicly transmit, and receive compensation for, their live performances;
(4) Permit others to record and videotape, and receive compensation;
(5) Permit others to copy and distribute audio and video recordings of performers' performances, and receive compensation;
(6) Permit others to disseminate their performances to the public through the Internet and receive compensation. The licensee who uses the work in the manner specified in items (3) to (6) of the previous paragraph shall also obtain permission from the copyright owner and pay remuneration.
Performers who use other people’s works for performances shall obtain The copyright holder gives permission and pays remuneration.
Performer rights arise: Performer rights arise The premise is that the copyright owner transfers his workThe performance right is licensed to the performer, but the setting of the performer's right is conducive to safeguarding the interests of the performer, because the performer's right is enjoyed by the performer, while the performance right belongs to the copyright owner.
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