What obligations do performers and performance organizers need to bear
"Copyright Law" "Article 37 stipulates that performers who use other people's unpublished works for performances must obtain permission from the copyright owner and pay remuneration. This revision of the Copyright Law protects the interests of the author of the work to the greatest extent. Therefore, there is no longer a distinction between whether the work is published or not. Regardless of whether the work is published or not, performers who use other people's works for performances must obtain permission from the copyright owner and pay remuneration. Although it is stipulated in the first paragraph of this article that if a performance organizer organizes a performance, the performance organizer may obtain the copyright owner's permission and pay remuneration. However, in principle, whoever performs the work should obtain the permission of the copyright owner. This is mainly based on the actual practice. Therefore, it is stipulated that the performance organizer can "obtain the permission of the copyright owner and pay remuneration."
The copyright holder of the derivative work and the copyright of the original work Everyone enjoys complete copyright, so to use a derivative work for performance, you must obtain double permission from the copyright owner of the original work and the copyright owner of the derivative work. This is the same as what Article 34 of this Law requires book publishers to do when publishing derivative works. obligations, the principles are the same.
The core of copyright law is to respect and protect those who have exerted creative labor to create and disseminate spiritual products for society. Using other people's works means using other people's labor, and the moral and property rights of others should be respected. When performing a work, in addition to their property rights obligations to the copyright holder of the work, the performer must also fully respect the personal rights of the author of the work. Performers should respect the author's right of signature, faithfully reproduce the work during the performance, and must not distort or tamper with the work. If the work needs to be modified to meet the needs of performance, the copyright holder's opinion should be sought, and unauthorized modifications are not allowed. However, exceptions should be made if only the text changes.
Copyright related provisions
Copyright Article 2 Property Rights (Economic Rights): Copyright property rights are the rights that authors enjoy for their own use and use by others, with material benefits as content. Economic benefits can be obtained through the following methods: Reproduction, translation, adaptation, performance, broadcast, exhibition, film, television or recording production, etc.;
1. Reproduction right, that is, printing, copying, copying, etc. The right to produce one or more copies of the work through digital or non-digital methods such as printing, recording, video recording, ripping, and remakes;
2. Distribution rights, that is, The right to provide originals or copies of works to the public by selling or donating them;
3. The right to rent, that is, to allow others to temporarily use film works and similar works for a fee Rights to works created using filmmaking methods and computer software, except that the programs in the computer software themselves are not the main subject of the rental:
4. Exhibition rights, that is, disclosure The right to display originals or copies of fine arts and photographic works;
5. Performance rights, that is, direct public reproduction on site through the actors' voices, expressions, and movements The work, as well as the right to indirectly publicly reproduce the work or the performance of the work through projectors, tape recorders, video recorders and other technical equipment;
6. Projection rights, that is, through projectors, slide projectors The right to publicly reproduce fine arts, photography, movies, and works created by methods similar to filmmaking using technical equipment such as The right to publicly broadcast or disseminate works, to disseminate broadcast works to the public by wired transmission or rebroadcasting, and to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images;
8. The right of information network dissemination, that is, the right to provide works to the public in wired or wireless ways, so that the public can obtain the works at a time and place of their own choosing;9. Filming right, that is, the right to fix the work on a carrier for the first time by making a movie or by a method similar to making a movie;
10. The right of adaptation, that is, the right to change the form of expression of the original work and create an original new work based on the original work;
11. Right of compilation, that is, the right to assemble a work or fragments of a work into a new work by selecting or arranging it.
The copyright owner can license others Exercise the property rights in the copyright and receive remuneration in accordance with the agreement or the relevant provisions of this law. The copyright owner may transfer all or part of the property rights in the copyright.
The above is about performances Legal provisions that authors and organizers should pay the copyright holders of their performance works a certain amount of remuneration before performing. This is the protection of the copyright of the work. If you have other questions, you can Get legal consultation on our legal savior website, we hope it can help you.
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