1. What legal rights do performers have regarding their performances
1. Performers have the legal right to license their performances to others to copy, distribute, and rent audio and video recordings of their performances, and receive compensation; to license others to record and video recordings, and receive compensation; to license others to disseminate their performances to the public through information networks, and receive compensation ; Protect the performance image from distortion; allow others to disseminate their performances to the public through information networks and receive remuneration and other rights.
2. Legal basis: "Copyright Law of the People's Republic of China"
39 Article 1 Performers have the following rights regarding their performances:
(1) To indicate the identity of the performer;
(2) Protect the performance image from distortion;
(3) Allow others to broadcast and publicly transmit their live performances and receive compensation;
p>(4) Permit others to make audio and video recordings and receive compensation;
(5) Permit others to copy , distribute and rent audio and video recordings of their performances, and receive remuneration;
(6) Allow others to disseminate their performances to the public through information networks, and receive remuneration; remuneration.
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.
2. What are the differences between performance rights and performers’ rights
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1. The legal nature is different: the former belongs to copyright, while the latter is the performer's right based on the performance of the work, which is obtained after the performer obtains the author's authorization. The rights that arise are rights derived from the author's performance rights. 2. The objects of protection are different: the former is works and the latter is performances.
The legal nature is different: the former belongs to copyright, and the latter belongs to neighboring rights.
Performance right refers to the right that a copyright owner enjoys in accordance with the law to publicly perform his or her works. my country's "Copyright Law" defines performance right as "the public performance of works, and The right to publicly broadcast the performance of the work by various means." It is equivalent to the copyright owner's right of reproduction, distribution, adaptation, and translation as 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.
Performance rights belong to the copyright owner and are one of the rights in the property rights of the copyright. Copyright owners often exercise performance rights through authorization or transfer. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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