Who has the right to perform duties?

According to the provisions of the Copyright Law, performances performed by actors to complete the performance tasks of the performance unit are job performances. If the parties have not agreed or the agreement is unclear, the right to perform duties shall be enjoyed by the performance unit. Regarding the question of who has the right to perform on duty, the editor of Legal Savior Network will answer it in detail for you below.

1. Who has the right to perform duties

1. The actor is Performances performed to complete the performance tasks of this performance unit are duty performances. If the parties have not agreed or the agreement is unclear, the right to perform duties shall be enjoyed by the performance unit.

2. Legal basis: "Copyright Law of the People's Republic of China"

Article 40 Performances performed by actors to complete the performance tasks of the performance unit are job performances. Actors have the right to indicate their identity and protect their performance image from distortion. The ownership of other rights shall be agreed upon by the parties. If the parties have not agreed or the agreement is unclear, the right to perform duties shall be enjoyed by the performance unit.

If the rights of job performances are enjoyed by actors, the performance unit can use the performance free of charge within its business scope.

2. What are the objects of copyright protection

The protected object of copyright law, also known as the object of copyright, refers to the Works protected by copyright law. Works refer to intellectual creations in the fields of literature, art and science that are original and can be reproduced in some tangible form. Generally speaking, what is protected is mainly: literary works, paintings, symbolic works, video works, arts and crafts and other three-dimensional works, performance works, audio-visual works, etc., as well as new forms of works such as laser discs and multimedia.

Works protected by copyright law have the following characteristics:

1. Originality

The work must be the intellectual achievement of the author and not plagiarism from others.

2. Achievements in the fields of literature, art and science

The field of literature, art and science is a very broad field that can accommodate all Intellectual achievements, but the results of manual labor do not belong to this field.

3. Can be copied in some tangible form

Copyright is an intangible property right. Its object (work) is different from the object of tangible property rights in that it has a certain external shape and occupies a specific space. Works protected by copyright law refer to the expressions of the author It is the result of thoughts, feelings, and concepts, rather than the carrier of these thoughts, feelings, and concepts. However, the work must be attached to a certain carrier, fixed and recorded in a certain shape of the carrier, and this shape can be copied in large quantities.

4. The work does not violate the law

Works that are prohibited from publication or dissemination according to law, even if Works with the above three characteristics are not protected by copyright law. For example, works that violate our country's constitution and laws, have reactionary or obscene content, regardless of whether they meet the first three characteristics, cannot constitute an object protected by copyright law. Identify a work It is legal. In addition to the Constitution, the Publication Law is mainly based on other laws and can also be used as a basis.

According to the provisions of the "Copyright Law", actors are required to complete this performance unit Performances performed according to the performance tasks are job performances. If the parties have not agreed or the agreement is unclear, the rights to job performances shall be enjoyed by the performance unit. I hope the above content can be helpful to you. If you have other questions, you can click the button below to consult. Or go to the Legal Savior website to consult a professional lawyer.