Flashcards in DL Related Rights Deck (20)
What is the Related Rights ?
are rights that in certain respects resemble copyright. t
What is the purpose of Related Rights?
Is to protect the legal interests of certain persons and legal entities who contribute to making works available to the public. e.g singer or musician that performs a composer's work to the public.
overall purpose is to protect those people or organizations that add substantial creative, technical or organizational skill in the process of bringing a work to the public.
Define the concept of related rights (neighboring rights)?
Related rights are not copyright, but they are closely associated with it. They are derived from a work protected by copyright.
Example of RR's?
RR's cover things that involve a work, in the general sense of bringing it to the public. e.g copyright-protected song, the author wrote a lyric which is original copyrighted, and he will offer it to a singer who performs it - this is RR's
What is the second group of RR's?
the phonogram producers ( producers of sound recording )
these producers are victims of piracy. they should be granted specific rights as-such.
What is the third group of RR's
Broadcasters (Their rights derive from their creative input, namely the making of broadcasts, not from the content of the broadcast, not from the film, for instance, but from the act of broadcasting.
derived from a work protected by copyright.
Sometimes related rights are associated with works that are not protected by copyright?
e.g works that are in the public domain. Beethoven
with RR's no one would be entitled to record a live performance of such concert without the consent of the performers. As well, no one is entitled to make copies of a sound recoding containing the rendition of such piano concert, without the consent of the sound recording producer.
What were the three groups of people or organisations, which were mentioned to have related rights?
The three groups mentioned were:
Performers such as the singer of a song;
Producers of recordings such as record companies;
rights of performers
have a legitimate interest in having the legal resources necessary to take action against unauthorised uses, whether it be through the making and distribution of unauthorised copies (piracy) or in the form of unauthorised broadcasting or communication to the public of their phonograms.
rights of broadcasting organizations
are recognised because of their role in making works available to the public, and in light of their justified interest in controlling the transmission and retransmission of their broadcasts.
Related rights for broadcasters of sporting events
In many countries, a sports program would not be considered eligible for copyright protection. There are countries, and the US is a prime example, that regard a football match, when it is filmed, as an audiovisual work, because it is considered sufficiently creative to be a work. But in many other countries the law provides that the game is the determining factor, and not creative to the point of qualifying for protection. But it would be an unattractive investment, would it not, if those broadcasters, having paid enormous sums of money years in advance for an exclusive license to broadcast, or for exclusive access to
other major sporting events for the benefit of a given broadcasting area, were unable to invoke the protection offered by their related rights to prevent other companies from rebroadcasting their work or recording and selling videos of it.
Rights Granted to the Beneficiaries of Related Rights
• Performers are provided the rights to prevent fixation (recording), broadcasting and communication to the public of their live performances without their consent, and the right to prevent reproduction of fixations of their performances. The rights in respect of broadcasting and communication to the public of fixations on commercial phonograms may be in the form of equitable remuneration rather than a right to prevent. This would be through non- voluntary licensing discussed in the Copyright module. Due to the personal nature of their creations, some national laws also grant performers moral rights, which may be exercised to prevent unreasonable omission of their name, or modifications to their performances, which present them in an unfavourable light.
• Producers of phonograms are granted the rights to authorize or prohibit direct and indirect reproduction, importation and distribution of their phonograms and copies thereof, and the right to equitable remuneration for broadcasting and communication to the public of phonograms.
• Broadcasting organizations are provided the rights to authorize or prohibit rebroadcasting, fixation and reproduction of their broadcasts. Under some laws, additional rights are granted: for example, in the countries of the European Union, producers of phonograms and performers are granted a right of rental in respect of phonograms (and, in respect of performers, audio-visual works), and some countries grant specific rights over cable transmissions. Under the TRIPS Agreement, likewise, producers of phonograms (as well as any other right holders in phonograms under national law) are granted a right of rental.
private use. use of short excerpts in connection with the reporting of current events, and use for teaching or scientific research, of protected performances, phonograms, and broadcasts.
What is the duration of RR's
The duration of protection of related rights under the Rome Convention is 20 years from the end of the year in which: the performance took place, as regards performances not incorporated in phonograms;
the fixation (recording) is made, in the case of phonograms and performances included in phonograms;
the broadcast took place.
In the TRIPS Agreement, the rights of performers and producers of phonograms are
to be protected for 50 years from the end of the year in which the fixation was made or the performance took place, and the rights of broadcasting organisations for 20 years from the end of the year in which the broadcasting took place.
In terms of enforcement of rights
These are conservatory or provisional measures; civil remedies; criminal sanctions; measures to be taken at the border; and measures, remedies and sanctions against abuses in respect of technical devices.
The purpose of related rights is to protect the legal interests of certain persons or organizations who contribute to making the works available to the public or those who add creative, technical or organizational skill.
The need to protect these three category was when ?
The need for legal protection of these three groups was identified in the Rome Convention in 1961 which was an attempt to establish international regulations in a new field where few national laws already existed. In other words, most States would normally have to draft and enact laws before adhering to the Convention. The Rome Convention, although imperfect and in need of revision, is still the only international benchmark for protection in this field. Like copyright, the Rome Convention and national laws do contain limitations on rights allowing for private use, use of short excerpts, and use for teaching or scientific research.