“What is copyright?” “What are related rights?”
The exclusive right vested in a work to control certain activities in his work. Economic rights; based on the principle of sweat of the ground (posited to encourage creativity). Moral right: Right of an author to be acknowledged for his work or prevent the abusive use of his work in such a way that’s injures or brings disrepute to his name.
Related right has many synonyms “Copyright related right” “connected rights” “Related rights” it’s my right as a neighbor of copyright. Originality and fixation is necessary for copyright to be present in a work.
Related rights are not copyright but they are closely associated with it; they are derived from a work protected by copyright. According to WIPO course material, 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. One obvious example is the singer or musician that performs a composer’s work to the public. The overall purpose of these related rights 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.
Neighboring rights doesn’t meet these requirements but it’s related
Rights which are protected as neighbouring right includes: Performance right, phonograms, broadcasting rights.
- Performing rights: Performances are some sort of adaptation. They are derivative work from an original. Performers include actors, singers, dancers and other persons who act, sing, deliver, play in or otherwise perform literary or artistic works. For example, the choreographers.
- Phonograms: Recorded versions of lyrics, songs. The phonogram producers, or more accurately producers of sound recordings as recording material moves on from vinyl phonograph records into the realm of CDs and digital recording media. Theirs is a more commercial kind of protection, in a sense, as the making of a quality sound recording has more to do with the protection of an investment, than with the artistic concerns involved in the making, writing or performance of a song. Nevertheless, even here, in the whole process of selecting the instrumental backing, repertoires, arranging the music and so on, there are some creative elements as well as the more obvious and important economic element. We should bear in mind that these producers are among the most immediate victims of piracy, as they don’t get the money that is diverted to the pirate producers, but then of course their loss, their financial loss, is passed down the line to the performers and authors. This is why producers of sound recordings have also been granted specific rights.
- Broadcasting rights are vested in TV stations radio stations to air contents that are not originally created by them. Same as the cinema, performers now have a right to control what happened. Neighboring rights confers these rights. Performers Can control fixation of life performance. Broadcast of such a fixation to the public, they have a right to search and seizure the most prominent of these rights is the performance r FAQ
Question: who is an owner and author?
Answer: An owner is the one in whom copyright is vested an author is one who creates work. When author is not the owner at all he’s vested with the moral right. Owner has economic rights. When someone wants to seek the use of a work you ask the author not owner except where the use is to be for economic gains as he has economic rights.Question: in a situation where consent is not obtained is neighboring with still valid?
Answer: where the author doesn’t create a fuss, it’s still valid if not it isn’t.Question: What is the subject matter of neighboring rights?
Answer: Broadcasting, phonograms, performance. Weird enough, sports falls under the ambit of performance rights not broadcasting rights
Moral rights are inalienable they cannot be transferred. Only economic rights can be.
Thus, an action cannot be brought in both moral n economic rights.