What is the meaning and content of performer's rights
1 , What is the meaning of performer's rights?
Theoretical circles have inconsistent understandings of the definition of the subject of performers' rights, that is, performers. There are two main views. Issues in several aspects:
1. Category definition. In a broad sense, performers include not only those who perform copyrighted literary and artistic works, but also those who perform literary and artistic works in the public domain, as well as those who perform non-work performances. In a narrow sense, performers only include those who perform literary and artistic works and do not include those who perform non-literary arts, such as jugglers, acrobats, sports athletes, etc.
2. Subject type. The performer in the sense of neighboring rights is definitely a natural person, but whether it can be a company, enterprise or other legal person is worth exploring. my country's copyright law, like most countries in the world, limits performance to the public reproduction of works, while the reproduction of non-works is mainly protected by contract law or the reproducer's portrait rights in civil law.
2. What are the contents of performer’s rights
(1) Indicate the identity of the performer;
(2) Protect the performance image from Be distorted;
(3) Permit others to broadcast and publicly transmit their live performances and receive compensation;
(4) Permit others to record and videotape, and receive compensation;(5) Permit others to copy and distribute audio and video recordings of performers' performances, and receive compensation;
(6) Allow others to disseminate their performances to the public through the Internet and receive compensation. 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.
"Regulations for the Implementation of the Copyright Law of the People's Republic of China"
Article 5: The meanings of the following terms in the Copyright Law and these regulations:
(1) Current affairs news refers to pure factual news reported through newspapers, periodicals, radio stations, television stations and other media;
(2) Sound recordings refer to any recording of performance sounds and other sounds;
(3) Video products refer to any recording of continuous related images and images with or without accompanying sound, other than film works and works created using methods similar to filmmaking. ;
(4) Recording producer refers to the first producer of sound recordings;
(5) Video producer refers to the first-time producer of video products;
(6) Performers refer to actors, performance units or other people who perform literary or artistic works.
Article 26: Titles and works mentioned in the Copyright Law and these RegulationsCopyright-related rights and interests refer to the rights enjoyed by publishers in the layout design of the books and periodicals they publish, the rights enjoyed by performers in their performances, the rights enjoyed by producers of audio and video recordings in the audio and video products they produce, and the rights enjoyed by radio and television stations. , the rights enjoyed by television stations over the radio and television programs they broadcast.
Article 27: Publishers, performers, producers of audio and video recordings, radio stations, and television stations shall not damage the rights of others when exercising their rights. The rights to use the work and the copyright holder of the original work.
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