The difference between the right of performance and the right of performers, the difference between

Performance right: refers to the right to perform works in public and performances that are publicly broadcast or transmitted by various means, including stage performance rights and mechanical performance rights; It belongs to copyright, and its right type is economic rights, the subject of rights is the author, and the object is the author's work itself.

The performer's right and the performance right are two kinds of rights, the performer's right belongs to the adjacent right of the work, the type of right is the moral right and the economic right, the subject of the right is the performer, and the object is every performance activity.

The content of the performance right includes: the right to perform one's work in public and to receive remuneration; the right to authorize others to perform their works in public and to receive remuneration; the right to publicly transmit live performances of works and to receive remuneration; the right to authorize others to publicly transmit live performances of their works and to receive remuneration; The right to authorize others to publicly transmit the performance of their work and to receive remuneration by all means.

The third point is about the content of performers' rights, right?

The reason for the protection of the performance right is the author's creation of his work, the object of which is the work itself, in a way that allows others to perform the work in a certain way and receive remuneration. The object to be protected by the performer's right is a series of performance activities such as the performer's own image, movement, and voice when performing the work. Therefore, if a work has been performed by different performers many times, then there is more than one person who has the performer's right, and the subject of the performance right is still the author, because the work itself has not changed, and the activities of each performer are not the same.

The performance right is a property right in copyright, and the content of the right is mainly reflected in the fact that regardless of whether the work is published or not, the performer must obtain the permission of the copyright owner and pay remuneration for the use of other people's works for commercial performances. It can be seen that the right of performance is a right for the author and an obligation for the performer. Performers have the following rights to their performances with the author's permission:

1) Indicate the identity of the performer; (2) Protecting the image of the performance from being distorted; (3) Permitting others to broadcast and publicly transmit their live performances from live broadcasts and receiving remuneration; (4) Permitting others to make audio or video recordings, and receiving remuneration; (5) Permitting others to reproduce or distribute audio or video recordings of their performances, and receiving remuneration; (6) Permit others to disseminate their performances to the public through information networks, and receive remuneration. It can be seen that performers' rights include two aspects: personal rights and property rights. The first two are the performer's moral rights, i.e., the right of authorship and the right to protect the integrity of the performance.

The last four are the property rights of performers, including the right of public communication, the right of recording, the right of reproduction and distribution, and the corresponding right to claim remuneration.

Legal basis

Article 23 of the Copyright Law of the People's Republic of China The term of protection of the works of natural persons and the rights provided for in items 5 to 17 of the first paragraph of Article 10 of this Law shall be the life of the author and 50 years after his death, ending on December 31 of the 50th year after the death of the author; In the case of collaborative works, by December 31 of the fiftieth year after the death of the last deceased author. The term of protection of the publication right of the works and copyrights (except the right of authorship) enjoyed by the legal person or unincorporated organization is 50 years, ending on December 31 of the 50th year after the completion of the creation of the work; The term of protection of the rights provided for in Items 5 to 17 of Paragraph 1 of Article 10 of this Law shall be 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, this Law shall no longer protect it. In the case of audiovisual works, the term of protection of the right of publication is 50 years, ending on December 31 of the fiftieth year after the completion of the creation of the work; The term of protection of the rights provided for in Items 5 to 17 of Paragraph 1 of Article 10 of this Law shall be 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, this Law shall no longer protect it.

The differences between performance rights and performers' rights mainly include the following: 1. Different in nature. The performance right belongs to the property right in copyright, and the performer's right is a neighboring right, which is a right derived from the author's performance right; 2. The object of rights is different.

The object of protection of the performance right is the work, while the object of the protection of the performer's right is the performance; 3. The content of power is different: the right of performance is a property right, and the right of a performer includes both property rights and personal rights. 4. The subject of power is different

The right of performance belongs to the author, and the right of the performer belongs to the performer.

Legal basisArticle 10 of the Copyright Law Copyright includes the following personal rights and property rights: (1) the right of publication, that is, the right to decide whether the work is made public; (2) the right of authorship, that is, the right to indicate the identity of the author and sign the work; (3) the right to modify, that is, the right to modify or authorize others to modify the work; (4) the right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering; (5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, ripping, reproduction, etc.; (6) The right of distribution, that is, the right to provide the original or reproduction of the work to the public in the form of ** or gift; (7) The right to lease, that is, the right to permit others to temporarily use film works and works created by methods similar to film production, and computer software for a fee, except where computer software is not the main subject of rental; (8) the right to exhibit, that is, the right to publicly display the originals or reproductions of works of art or photography; (9) the right of performance, that is, the right to publicly perform a work, as well as the right to publicly broadcast a performance of a work by various false means; (10) The right of screening, that is, the right to publicly reproduce fine arts, photography, films, and works created by methods similar to filmmaking through projectors, slide projectors, and other technical equipment; (11) the right of broadcasting, that is, the right to publicly broadcast or disseminate works by wireless means, to disseminate the broadcast works to the public by means of cable transmission or retransmission, and the right to disseminate the broadcast works to the public through loudspeakers or other similar means of transmitting symbols, sounds or images; (12) the right of information network dissemination, that is, the right to make works available to the public by wire or wireless means, so that the public can obtain the works at a time and place of their personal choosing; (13) the right of filming, that is, the right to fix the work on the medium by filming a film or by a method similar to that of filming; (14) the right of adaptation, that is, the right to change a work and create a new work with originality; (15) the right of translation, i.e., the right to convert a work from one language to another; (16) the right of compilation, that is, the right to assemble a work or a fragment of a work into a new work through selection or arrangement; (17) Other rights that shall be enjoyed by the copyright owner.

Copyright owners may permit others to exercise the rights provided for in items (5) through (17) of the preceding paragraph, and receive remuneration in accordance with the agreement or the relevant provisions of this Law. Copyright owners may transfer in whole or in part the rights provided for in items (5) through (17) of the first paragraph of this Article, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

The main differences between the performance right and the performer's right are as follows:

1. The nature is different. The performance right belongs to the property right in the copyright, and the right of the performer is a neighboring right, which is a right derived from the author's performance right;

2. The object of rights is different. The object of protection of the performance right is the work, while the object of the protection of the performer's right is the performance;

3. Other differences.

Copyright Law of the People's Republic of China

Article 10. Copyright includes the following personal rights and property rights:

9) The right of performance, that is, the right to perform a work in public, as well as the right to publicly broadcast a performance of a work by various means.

Li Ze Copyright Law of the People's Republic of China

Article 38.

Performers have the following rights in relation to their performances:

1) Indicate the identity of the performer;

(2) Protecting the image of the performance from being distorted;

(3) Permitting others to broadcast and publicly transmit their live performances from live broadcasts and receiving remuneration;

(4) Permitting others to make audio or video recordings, and receiving remuneration;

5) Permitting others to make a disturbance of the world, reproducing or distributing audio or video recordings of their performances, and receiving remuneration;

(6) Permit others to disseminate their performances to the public through information networks, and receive remuneration.

The licensee shall also obtain permission from the copyright owner and pay remuneration for the use of the work in the manner provided for in subparagraphs (3) to (6) of the preceding paragraph.

Performers' rights refer to the personal rights and property rights enjoyed by performers over their performances. Performance is a creative activity, in which the performer uses voices, expressions, and movements to express the work, so that the audience can more fully perceive and understand the work in a vivid and vivid way. Different performers have different levels and styles, resulting in a very personal enjoyment.

In order to protect performers' performances from being distorted, the law gives performers personal rights; On the other hand, the commercial exploitation of performance activities can bring economic benefits, so the law grants them property rights. The rights belong to different performance rights, which belong to copyright, and the performer's rights belong to neighboring rights. For example, the author of the Henan opera "Cheng Ying Saves the Orphan" is the screenwriter Chen *Quan, who owns the copyright; The Second Henan Henan Opera Troupe is a performer (the performer can be an actor or a performance unit), and it has neighboring rights.

The subject of the right of the performance right is the copyright owner (screenwriter), and the subject of the right of the performer is the actor or the performance unit. The subject of the performance right is the author, which is unique; The subject of the performer's right is the actor or the performance unit, which is not unique. For example, the author of the Henan opera "Cheng Ying Saves the Orphan" is the screenwriter Chen *quan, that is, the original creator of the play is the only one, and if the work is performed, adapted, and translated, it must be approved by the author; If the play is performed by other troupes, a new performer's right holder will be created, that is, if a work has been performed by different performers many times, then there is more than one person who has the performer's right, and the subject of the performance right is still the author, because the work itself has not changed, but the activities of each performer are different.

Of course, sometimes the two rights overlap. For example, if an original singer sings the songs, and on the other hand, he is the lyricist and songwriter, then the singer has both the right to perform and the right to perform. The object of the right is differentThe object of the performance right is the author's work itself, and the object of the performer's right is the live performance.

The right of performance is a fixed text, which is readable and performative; The performer's right is a vivid and living performance, which is fresh and appreciative. The content of the right is different, and the performance right is a kind of copyright, including the right to live performance and mechanical performance of the work (property right); Performer's right is a type of copyright neighboring right, including property rights and personal rights. The performance rights include the following:

1) perform your own work;

2) authorize others to perform their works;

3) live performances of publicly disseminated works;

4) Authorize others to publicly broadcast the performance of their works in various ways. Performers have the following rights:

1) The right to identify oneself

2) Protect the image rights of performances

3) Licensing of live broadcasts and public transmissions

4) Permission to make audio and video recordings

5) Permission to reproduce and distribute

6) Licensing the right of information network dissemination.