1. Rights adjacent to copyright
The performer's rights largely include the performer's moral rights, the performer's property rights, and the right to claim compensation. Among the performer's moral rights, there are only the right to indicate one's name and the right to maintain identity, but not the right to publicize. Publication rights are recognized for unpublished works, and performances have already been made public, so the rights of publicity do not exist in the rights of performers.
If a singer sings a song, what rights does the singer have under the copyright law?: In the case of a song, the author is the person who wrote/composed the song. Since singers also need to be protected in certain cases, the Copyright Act has rights called neighboring rights. Singers, as owners of neighboring rights, receive certain protection under the Copyright Act for songs sung by singers.
1) Concept of Neighboring
Management similar to copyright granted to performers, producers of phonograms, and broadcasters who are not creators of works but play an important role in delivering works to the public
- Conventions on Neighboring Rights: Geneva Convention (protection of sound recordings), Rome Convention (Protection of Neighboring Rights), WTO/TRIPs
- Performer's Rights
Performer: A person who expresses a copyrighted work through acting, dance, performance, singing, storytelling, reading, or other artistic methods, or expresses a non-authored work in a similar way (include conducting, directing, or supervising a performance)
- Personality rights of performer: right to indicate name, right to maintain identity
- Property rights of performers: right to reproduce, right to distribute, right to rent, right to perform, right to broadcast, right to transmit
- Right to claim compensation
2) Rights of record producers
- Record producer: The person who overall plans and takes responsibility for fixing the sound to the record
- Record producer's property rights: right of reproduction, right of distribution, right of rental, right of transmission
- right to claim compensation
3) Rights of broadcasting business operator
- Broadcasting business operator: a person engaged in broadcasting business
- Broadcasting business property rights: right of reproduction, right of simultaneous broadcasting, right of public performance
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