Is it correct that neighboring rights are not protected by copyright?
Neighboring rights is a right arising from the dissemination of a work. After the work is created, it needs to be disseminated among the public. The communicator has creative labor in disseminating the work, and this kind of labor should also be protected by law. The rights arising from the dissemination of works by a disseminator are called related rights of copyright.
Neighboring rights are closely related to copyright and are independent A right other than copyright, so in a legal sense, neighboring rights are not protected by copyright.
The difference between neighboring rights and copyright
Copyright refers to , a kind of civil right enjoyed by the creators of literary, artistic and scientific works in accordance with the provisions of the law on their created works. Neighboring rights refer to the rights enjoyed by the disseminator of a work when disseminating the work. Because it is closely connected with the copyright, it is called a neighboring right of the copyright. Neighboring rights belong to the same category of intellectual property as copyright, and the two are closely related. Neighboring rights are evolved from copyright and are a right subordinate to copyright.
But there are differences between the two, and the differences are mainly reflected in the following aspects:
1. Different subjects
The subject of copyright is the creator of intellectual works, including natural persons, legal persons and other organizations. The subjects of neighboring rights are the disseminators of the work, that is, publishers of books and periodicals; performers of music, drama, etc.; producers of audio and video recordings, and radio and television organizations, etc., except for performers, almost all of them are legal persons.
2. The objects of protection are different
The objects protected by copyright are literary, artistic and scientific works; the objects protected by neighboring rights are works used for dissemination, that is, derivative works, which are based on the original work. It is processed according to the needs of communication forms, such as drama, music performance, poetry recitation, cross talk, etc. The former embodies the creative labor of the author, and the latter embodies the creative labor of the communicator.
3. Different contents
The content of copyright includes: personal rights, that is, the right of publication, signature rights, modification rights, rights to protect the integrity of works, rights to withdraw published works, etc.; property rights, namely reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, and adaptation, Translation, assembly rights, etc. The content of neighboring rights mainly includes the rights of publishers to the books and periodicals they publish, the rights of performers to their performances, the rights of audio and video producers to their audio and video products, the rights of radio and television organizations to their radio and television programs, and the rights of publishers to their publications. rights to the layout design of books and periodicals, etc.
4. The prerequisites for protection are different
As long as the work meets the legal conditions, it can be protected once it is produced. Obtain copyright protection; and the acquisition of neighboring rights is subject to the authorization of the copyright owner and the reuse of the work.
5. Different protection periods
The copyright protection period includes the right of signature, right of modification, and Except for the unrestricted right to the integrity of the work, which belongs to the author forever, the protection period of the other rights is calculated using both the death and issuance calculations. For example, for the works of individual citizens, the protection period of the right of publication and copyright property rights is the life of the author and 50 years after the death, ending on December 31 of the 50th year after the death of the author; for the works of legal persons and professional works, the right of publication, The protection period of the right to use and receive remuneration is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work is not published within 50 years after the completion of the creation, the copyright law will no longer protect it. As for the term of protection of neighboring rights, except for the unrestricted right of the performer to identify himself as a performer and protect the image of the performance from distortion, the term of protection of other rights is calculated from the date of publication, that is, it ends after the performance occurs, when it is first published or December 31, 50th year after broadcast.
The editor of Legal Savior Network answered the question of whether neighboring rights are not protected by copyright. I believe you have a new understanding and understanding of this aspect. Although neighboring rights and copyright are both intellectual property rights, neighboring rightsRights are independent of copyrights. Although they are closely related, they are significantly different in four aspects: subject, object of protection, content and prerequisites for protection. If you still have relevant questions, please feel free to consult an online lawyer on the Legal Savior Network.
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