What are the differences between neighboring rights and copyright?

What are the differences between neighboring rights and copyright? Neighboring rights are rights adjacent to copyright, copyright is a right enjoyed by the author, and neighboring rights are rights enjoyed by the disseminator of the work. Some people may think that the two are similar, and the author can also be the disseminator of the work, but neighboring rights are different from copyright.

So what is the difference between neighboring rights and copyright? What is the difference between neighboring rights and copyright? 1. The definition of neighboring rights is different from that of copyright: Copyright refers to the rights enjoyed by the author of his or her original work; Neighboring rights, on the other hand, refer to the rights enjoyed by the disseminator of the work.

2. Neighboring rights are different from the subject of copyright: the subject of copyright is the natural person, legal person or other organization that creates the intellectual work; The subjects of neighboring rights are publishers of books, performers of film and television works, producers of audio and video recordings, etc. 3. The content of neighboring rights and copyrights is different, and the content of copyright includes two categories: moral rights and sovereign property rights, specifically: right of publication, right of authorship, right of modification, right of protection of the integrity of the work, right of reproduction, right of distribution, right of rental, right of exhibition, etc.

The contents of neighboring rights include performers' rights, sound recording producers' rights, broadcasting organization rights, video producers' rights (together with sound recording producers' rights), and publishers' layout design rights, which are specifically manifested as: performers' rights to performances, publishers' rights to publish books and periodicals, audio-visual producers' rights to their audio-visual products, radio and television organizations' rights to broadcast programs, etc. 4. The object protected by neighboring rights is different from that protected by copyright, and the object protected by neighboring rights is a derivative work processed on the basis of the original work and processed in the form of communication, such as song singing, drama performance, etc.; The object protected by copyright is original works of literature, art, science, etc.

5. The term of protection of neighboring rights is different from that of copyrights, except for the right of authorship, the right of modification, and the right to protect the integrity of the work, the term of protection of other rights is calculated by the algorithm from death and the algorithm of issuance. For example, the term of protection of the right of publication and distribution of a citizen's work is 50 years after the author's lifetime and his death, ending on December 31 of the 50th year after the author's death, but if the work has not been published within 50 years after the completion of the creation, the copyright shall no longer be protected. Among the neighboring rights rights, except for the performer's right to indicate the identity of the performer and protect the performance image from distortion, the term of protection of the remaining rights adopts the algorithm from issuance.

What are the differences between neighboring rights and copyright? If you have more questions about copyright, you can continue to pay attention to Bajie intellectual property rights, or contact us.

The reason why the neighboring rights are mostly legal persons or other organizations is the subject of the adjacent rights, while the subject of copyright is the natural person, and the object of the adjacent right is the results produced in the process of disseminating the work, and the object of the copyright is the work itself.

The right adjacent to copyright is called "neighboring right", and neighboring right, also known as "right of disseminator of work", refers to the right adjacent to copyright. Neighboring rights are rights that arise from the dissemination of a work. Specific vacancies include the following:

1) The publisher's right to publish books and newspapers on the Zen world;

2) the rights of performers to their performances;

3) The rights enjoyed by the producer of the audio or video recordings produced by the producers of the audio or video recordings;

4) The rights enjoyed by radio and television stations in the radio and television programs they produce.

In the process of disseminating the work, the rights of friendship and neighboring rights are added to the rights of the author, and their subject includes the publisher, the copyright is the right of the creator to own the work, and their subject is the author himself.

The differences between neighboring rights and copyright are as follows: First, the subject is different. The subject of copyright is the creator of intellectual works, including natural persons, legal persons and other organizations.

The subject of neighboring rights is the disseminator of the work, that is, the publisher of books and periodicals; **, drama and other performers; Producers of audio and video recordings, as well as radio and television organizations, are almost always legal persons, except for performers. Second, the subject matter of protection was different. The object of copyright protection is literary, artistic and scientific works; The object of protection of neighboring rights is the work used for dissemination, that is, the derivative work, which is based on the premise of the original work and processed according to the needs of the form of communication, such as drama, performance, poetry recitation, cross talk, etc.

The former embodies the creative labor of the author, and the latter embodies the creative labor of the communicator. Third, the content is different. The contents of the copyright include:

Personal rights, i.e., the right of publication, the right of authorship, the right of modification, the right to protect the integrity of the work, the right to withdraw the published work, etc.; Property rights, i.e., the right of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, information network dissemination, adaptation, translation, compilation, etc. The content of neighboring rights mainly includes the rights of publishers over the books and periodicals they publish, the rights of performers over performances, the rights of audio-visual producers over their audio-visual products, the rights of radio and television organizations over their radio and television programs, and the rights of publishers over the layout design of books and periodicals published by publishers. Fourth, the premise of protection is different.

As long as the work meets the statutory conditions, it can obtain copyright protection once it is generated; The acquisition of neighboring rights is premised on the authorization of the copyright owner and the reuse of the work. Fifth, the term of protection is different. Except for the right of authorship, the right of modification, and the right to protect the integrity of the work, which are not restricted and belong to the author forever, the term of protection of the rest of the rights is calculated by using both the algorithm from death and the algorithm from distribution.

For example, the term of protection of the right of publication and copyright property rights of individual citizens is the life of the author and 50 years after his death, ending on December 31 of the 50th year after the author's death; The term of protection of the right to publication, the right to use and the right to receive remuneration for works of legal persons and service works is 50 years, ending on December 31 of the 50th year after the first publication of the work, but if the work has not been published within 50 years after the completion of the creation, the Copyright Law will no longer protect it. As for the term of protection of neighboring rights, except for the performer's right to indicate the identity of the performer and protect the image of the performance from distortion, the term of protection of the other rights is calculated from the beginning of issuance, that is, until December 31 of the 50th year after the performance, the first publication or **.

Legal Provisions]:

Civil Code of the People's Republic of China:

The relationship between copyright and neighboring rights is that neighboring rights are rights derived from copyright, and without copyright there are no neighboring rights. The difference between copyright and neighboring rights is that the subject is different, the object of protection is different, and the intensity of legal protection is different.

1. The relationship between copyright and neighboring rights.

The relationship between copyright and neighboring rights is:

1。The restriction on fair use of copyright under Article 22 of the Copyright Law also applies to the restriction on neighboring rights.

2。The copyright of a work is subject to the term of protection, and neighboring rights are also subject to the term of protection.

3。Neighboring rights depend on copyright. Because there is no work and there is no dissemination, and there is no neighboring right, the copyright law must first protect the legitimate rights and interests of the copyright owner.

Article 27 of the Regulations for the Implementation of the Copyright Law stipulates that: "Publishers, performers, producers of audio and video recordings, radio and television stations shall not infringe upon the rights of the copyright owner of the original work being used in exercising their rights." "If there is no authorization from the copyright owner of the original work, the disseminator disseminates the work without authorization is an infringement, and it will be subject to the law, and there is no way to talk about imitation of spring.

2. The difference between copyright and neighboring rights:

The difference between copyright and neighboring rights is:

1。The subject is different: the subject of copyright is the author of the creative work. The subjects of neighboring rights are performers, producers of audio and video recordings, radio and television organizations and publishers of disseminated works.

2。The object of protection is different: the object of copyright protection is works in the literary, artistic and scientific fields created by the author. The object of protection of neighboring rights is the layout design of performances, audio and video recordings, radio and television programs, books and periodicals, and the exclusive publication of books.

3。The intensity of legal protection is different: the protection of copyright by law is relatively direct and strong.

The exercise of neighboring rights is always limited by the copyright of the work transmitted by the copyright, and generally requires the permission of the copyright owner and the payment of remuneration to the copyright owner, and the original copyright of the work cannot be infringed in any way.

3. What are the copyrights that are not subject to time restrictions?

1。The right of authorship is a right on behalf of the author, which can be signed on behalf of the author.

2。The right to modify means that the author has the right to modify the work of others according to law.

3。The right to protect the integrity of the work means that the work shall not be distorted or altered, tampered with, and the author shall enjoy the moral rights of the author.

We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.

Legal basis]: Article 21 of the Copyright Law of the People's Republic of China Where the copyright belongs to a natural person, after the death of the natural person, the rights provided for in items (5) to (17) of the first paragraph of Article 10 of this Law shall be transferred in accordance with law during the protection period provided for in this Law. Where copyright belongs to a legal person or unincorporated organization, and after the legal person or unincorporated organization is changed or terminated, the rights provided for in items (5) through (17) of the first paragraph of Article 10 of this Law are to be enjoyed by the legal person or unincorporated organization that inherits its rights and obligations during the period of protection provided for in this Law; Where legal persons or unincorporated organizations do not have their rights and obligations, they are enjoyed by the state.

1) The subject of the right is different. The subject of copyright is the author of the work and the citizens, legal persons or other social organizations that enjoy copyright other than the author. The copyright owner shall enjoy all or part of the copyright based on the contractual relationship, legal provisions, etc.

The subject of neighboring rights is the disseminator of the work. In the process of disseminating a work, the person who gives the work a specific form of dissemination and pays creative labor, money and material resources for this purpose becomes the subject of neighboring rights. Specifically, they are performers, producers of audio and video recordings, radio and television organizations and publishers.

2) The content of the rights is different. Copyright includes personal rights and property rights. The moral right of the copyright owner is an important right enjoyed by the author or other interested persons, and it occupies an important position.

Neighboring rights directly provide for the rights of neighboring rights holders, focusing on the protection of the economic benefits arising from their communication acts (with the exception of performers' rights). This is because the neighboring rights holder's act of disseminating the work cannot recreate the personality of the work in the process. However, performers are also involved in the protection of their performance image in the dissemination of their works, so they should be given a certain degree of protection.

3) The object of rights is different. The object of copyright is a work, which is a work originally created or interpreted by the author. The object of neighboring rights is the new form of communication given to the work by the communicator, i.e., performances, audio and video recordings, radio and television programs, and book versions.

4) The status of the two is different. Copyright is independent and can be exercised independently, while neighboring rights depend on copyright, which is a right that is adjacent to copyright. Neighboring rights always contain copyright, and the exercise of neighboring rights inevitably involves copyright.

1. How to exercise neighboring rights.

Since neighboring rights arise on the basis of the dissemination of works, the neighboring rights holder shall not infringe the copyright of the copyright owner of the work when exercising the neighboring rights. For example, when a performer authorizes others to reproduce an audio or video recording of his performance, the reproduction party must also obtain permission from the copyright owner of the work performed by the performer.

With regard to the limitation of neighboring rights, the relevant provisions on the limitation of copyright rights apply. For example, a library may use the form of a book in its collection for the purpose of displaying or preserving the edition, without permission from the publisher and without remuneration.

Property rights in neighboring rights can be transferred and licensed. A contract shall be concluded for the transfer or licensing of the use of neighboring rights by others. The relevant provisions of the copyright contract apply to the neighboring rights contract.