Neighboring rights refer to a form of legal safeguarding granted to performers or entrepreneurs, such as publishers or broadcasters, who utilise creative works. It is distinct from moral rights, which are possessed by the artist or author who produced the work. The laws that protect neighbouring rights and moral rights may differ in certain countries, while in others, they are safeguarded under the same copyright laws. This type of protection is also known as a related right or entrepreneurial right.
Neighboring right refers to the intellectual-property right held by performers or entrepreneurs, such as publishers, broadcasters, or producers. It is distinct from the moral right possessed by authors or artists as the creators of the work. In civil-law systems, neighbouring rights and moral rights are safeguarded by separate laws, whereas in common-law systems, both are protected under the same copyright laws. For instance, a musician possesses a neighbouring right to their performance, granting them the authority to control its usage and distribution. This includes the entitlement to receive compensation for the utilization of their performance. The explanation highlights how a musician’s neighbouring right safeguards their performance, granting them control over its usage and distribution, as well as the right to receive payment. This right is distinct from the moral right the musician holds as the creator of the work.
Neighboring right refers to the rights of performers, producers of sound recordings, and broadcasting organisations in relation to the use of their performances and recordings.
Performers, sound recording producers, and broadcasting organisations are entitled to neighboring rights.
Neighboring rights holders have the right to control the use of their performances and recordings, including the right to authorize or prohibit their reproduction, distribution, and public performance.
The duration of neighboring rights varies by country, but generally lasts for 50 years from the date of the performance or recording.
Yes, neighboring rights can be transferred or licensed to other parties, allowing them to use the performances and recordings in exchange for payment or other considerations.
Neighboring rights protect the rights of performers, sound recording producers, and broadcasting organisations, while copyright protects the rights of authors and creators of original works.
Yes, neighboring rights can be infringed if someone uses a performance or recording without the permission of the rights holder.
Penalties for infringing neighboring rights can include monetary damages, injunctions to stop the infringing activity, and in some cases, criminal prosecution.
Neighboring rights are automatically granted to performers, sound recording producers, and broadcasting organisations upon the creation of the performance or recording.
You can enforce your neighboring rights by taking legal action against anyone who infringes on your rights, such as by filing a lawsuit or seeking a cease and desist order.
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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