How long is the protection period for performance rights?

my country's Copyright Law protects performance rights for the life of the Right holder and fifty years after his or her death. If the right holder's legitimate rights and interests are infringed upon during this process, the infringer may be required to pay compensation. Regarding the question of how long the protection period of performance rights is, the editor of Legal Savior Network will give you a detailed answer below.

1. How long is the protection period of performance rights

1. Performance rights The protection period is the life of the right holder and fifty years after his death.

2. Relevant legal basis: Article 23 of the "Copyright Law of the People's Republic of China" for works of natural persons, their right of publication, Article 10 of this Law The protection period of the rights stipulated in Items 5 to 17 of this paragraph shall be the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the death of the author; in the case of a collaborative work, the period shall end at the last date of death. December 31, the fiftieth year after the death of the author.

For works and copyrights (excluding the right of authorship) of legal persons or unincorporated organizations, the protection period for the right of publication is five years. Ten years, ending on December 31, the fiftieth year after the creation of the work; the protection period of the rights stipulated in items 5 to 17 of Article 10, Paragraph 1 of this Law is fifty years, ending on the first time the work is created. December 31, the fiftieth year after publication, but if the work has not been published within fifty years from the completion of creation, this law will no longer protect it.

The protection period of the right to publish audio-visual works is fifty years, ending on December 31 of the fiftieth year after the creation of the work; Article 1 of this Law The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1, is fifty years, ending on December 31, the fiftieth year after the work was first published, but the work shall not be protected within fifty years from the completion of its creation. Publication shall no longer be protected by this Law.

2. How to compensate for infringement of performance rights

1. If the performance right is infringed, the infringer shall compensate the right holder according to the actual losses suffered by the right holder or the infringer's illegal gains.

2. If the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be provided with reference to the royalties.

3. For intentional infringement of performance rights, and the circumstances are serious, compensation may be provided between one time and five times the amount determined according to the above method.

4. Relevant legal basis: Article 54 of the "Copyright Law of the People's Republic of China" infringes upon copyright or copyright-related rights, the infringer shall in accordance with the rights Compensation shall be provided for the actual losses suffered by the person or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be provided with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.

If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the rights usage fees, the people's court shall make a judgment of five hundred yuan based on the circumstances of the infringement. Compensation of more than 5 million yuan and less than 5 million yuan.

The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the hands of the infringer. , can order the infringer to provide account books, materials, etc. related to the infringement; if the infringer fails to provide it, or provides false account books, materials, etc., the people's court can determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

When hearing cases of copyright disputes, the People's Court shall, at the request of the right holder, order the destruction of infringing copies except under special circumstances; materials, tools, equipment, etc., shall be ordered to be destroyed without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation.

The protection period of the performance right is the lifetime of the author and fifty years after his death. When this right is infringed upon, the infringer shall comply with the actual consequences suffered by the right holder. Compensation shall be provided for the losses or illegal gains of the infringer. If the actual losses or illegal gains of the infringer are difficult to calculate, compensation may be made with reference to the royalties. 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.