A neighbouring right, also referred to as a related right, is an intellectual property right that is possessed by performers or entrepreneurs such as publishers, broadcasters, or producers. It is distinct from a moral right, which is held by the creator of a work such as an author or artist. In certain countries, neighbouring rights and moral rights are safeguarded by separate laws, whereas in others they are protected under the same copyright laws. Consequently, performers and entrepreneurs enjoy legal protection for their work, similar to creators.
A related right, also referred to as a neighbouring right, is an intellectual property right that pertains to performers or entrepreneurs, such as publishers, broadcasters, or producers. It differs from moral rights, which are held by the creators of a work, such as authors or artists. 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. This implies that performers and entrepreneurs possess the authority to regulate the usage of their performances or productions, even if they are not the original creators. For instance, a musician has a related right to control the utilization of their recorded performance, regardless of whether they did not compose the song they are performing. Similarly, a publisher has a related right to control the usage of a book they have published, even if they did not author the book themselves. Overall, related rights play a crucial role in safeguarding the interests of performers and entrepreneurs in the creative industries.
A related right refers to the legal protection granted to individuals or entities who contribute to the creation or production of a work, but do not necessarily hold the copyright. This can include performers, producers, broadcasters, and other related parties.
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. They also have the right to receive fair remuneration for the use of their performances.
Yes, related rights can be transferred or assigned to another party through a contract or agreement. This allows performers, producers, or broadcasters to grant others the right to use their performances or productions in exchange for compensation.
The duration of related rights varies depending on the jurisdiction and the type of related right. In many countries, related rights for performers last for a certain number of years after the performance, while related rights for producers and broadcasters can last for several decades.
Yes, related rights can be infringed upon if someone uses a performance, production, or broadcast without obtaining the necessary authorization or without providing fair remuneration to the rights holder. Infringement can result in legal consequences and potential damages.
Neighboring rights are a subset of related rights that specifically refer to the rights of performers, producers, and broadcasters in relation to their performances, sound recordings, or broadcasts. It is often used interchangeably with the term “related rights.”
No, related rights generally apply to specific types of works, such as performances, sound recordings, broadcasts, and audiovisual productions. Copyright law typically covers other types of works, such as literary, artistic, and musical creations.
Yes, related rights can be waived if the rights holder voluntarily gives up their rights or agrees not to enforce them. However, such waivers must be made explicitly and in writing to be legally valid.
Yes, related rights can be licensed to allow others to use performances, sound recordings, or broadcasts in exchange for a fee or royalty. Licensing agreements specify the terms and conditions under which the rights can be used.
Yes, related rights are recognized and protected 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. These agreements ensure a level of harmonization and protection for related rights across different countries.
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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