Define: Droit Voisins

Droit Voisins
Droit Voisins
Quick Summary of Droit Voisins

“Droit voisins” is a French term that translates to “neighbouring right.” It pertains to the legal entitlements of individuals or groups who did not create a work but played a role in its production or performance. These entitlements encompass the right to receive remuneration for the use of their work and the right to regulate the dissemination of their work. Essentially, it signifies that those who contribute to the creation of something have the right to compensation and a voice in its usage.

Full Definition Of Droit Voisins

The term “droit voisins” is a French phrase that translates to “neighbouring right”. It is a legal term that pertains to the rights of performers, producers, and broadcasters in controlling the use of their performances, recordings, and broadcasts. While similar to copyright, droit voisins is a distinct concept. It grants these individuals the authority to manage the utilization of their work and receive compensation for its usage. For instance, a musician can regulate the use of their performance and be paid for it, a producer can control the use of their recording and receive payment, and a broadcaster can manage the use of their broadcast and be compensated accordingly. These examples demonstrate how droit voisins operates in practical terms, safeguarding the interests of performers, producers, and broadcasters by ensuring fair compensation for their contributions to the creative industries.

Droit Voisins FAQ'S

Droit Voisins, also known as neighboring rights, refer to the legal rights granted to performers, producers, and broadcasters in relation to their performances, recordings, and broadcasts.

Performers, such as musicians, actors, and dancers, are eligible for neighboring rights. Producers of sound recordings and audiovisual works, as well as broadcasters, also have rights under Droit Voisins.

Performers have the right to control the use and exploitation of their performances, including the right to authorize or prohibit their recordings, broadcasts, and public performances.

Producers have the right to control the reproduction, distribution, and communication to the public of their sound recordings and audiovisual works.

Broadcasters have the right to control the retransmission and communication to the public of their broadcasts.

The duration of neighboring rights varies depending on the country and the type of right. In general, neighboring rights for performers last for 50 years from the date of the performance, while neighboring rights for producers and broadcasters last for 50 years from the date of the first publication or broadcast.

Yes, neighboring rights can be transferred or licensed to other parties. Performers, producers, and broadcasters can enter into agreements with record labels, distributors, broadcasters, or other entities to grant them the right to use and exploit their performances, recordings, or broadcasts.

Copyright protects the original works of authors, such as literary, artistic, and musical creations. Droit Voisins, on the other hand, protects the rights of performers, producers, and broadcasters in relation to their performances, recordings, and broadcasts.

Yes, neighboring rights can be infringed if someone uses or exploits a performance, recording, or broadcast without the permission of the performer, producer, or broadcaster. Infringement can result in legal consequences, including damages and injunctions.

Neighboring rights are recognized internationally through various international treaties and agreements, such as the Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations, and the WIPO Performances and Phonograms Treaty. However, the specific implementation and enforcement of neighboring rights may vary from country to country.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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