Neighboring rights

Neighboring rights are rights dealing with the protection of copyrights not covered by intellectual property rights. It is a provision of rights similar to copyright. It is caused by the limitation of protection resulting from copyright. As a result, a separate provision has been created which, apart from intellectual property products (protected by intellectual property law), is intended to protect all kinds of products considered important and valuable from the copyright perspective .

This includes :

• rights of phonographic producers,
• rights of television and radio stations,
• performers' rights to use their works.

Copyright

Inextricably linked to related rights is copyright, which can be considered as "the exclusive right granted by law to the author of a work to disclose it as his own creation, to reproduce it and to distribute or disseminate it to the public in any manner" .

This right gives authors the opportunity to exclude others from copying protected works. In order to benefit from copyright protection, a work must meet three conditions :

• it must be created by the author,
• must be recorded in material form,
• must be unique.

Concepts relating to neighbouring rights

Neighbourhood Rights Act contains a number of important concepts that need to be clarified for example:

1. Adaptation, meaning, inter alia, the translation of literary works, computer programs and the like; arrangements and transcription of musical works; transcription of artistic works which can be easily recognised; alteration or modification of a sound recording
2. Author, i.e. the person who is responsible for the creation of a work or a work
3. Collective work meaning the effect of the work of several people, under the supervision of one person

Examples of Neighboring rights

• Public performance right: This right grants the artist the ability to be compensated for the performance of their work in a public setting. This includes performances in a theater, on radio, television, and other public venues.
• Broadcast right: This right grants the artist the ability to be compensated for their work when it is broadcasted on radio and television.
• Reproduction right: This right grants the artist the ability to be compensated for their work when it is reproduced in physical or digital form.
• Distribution right: This right grants the artist the ability to be compensated for their work when it is distributed in physical or digital form.
• Rental right: This right grants the artist the ability to be compensated for their work when it is rented or leased in physical or digital form.
• Digital performance right: This right grants the artist the ability to be compensated for the performance of their work in a digital setting. This includes performances through streaming services such as Spotify, Apple Music, and YouTube.

Advantages of Neighboring rights

Neighboring rights provide a number of advantages to creators and performers of certain types of works. These include:

• Adequate remuneration for performers and producers of sound recordings, which is an incentive for them to invest in the production of new works.
• A strong incentive for producers to invest in the development of the music industry, as they will receive a share of any revenue generated by the use of their works.
• An additional source of revenue for performers, which can help them to support themselves while they are pursuing their creative endeavors.
• A way to ensure that performers and producers of sound recordings receive a fair share of the revenue generated by their works.
• Greater recognition for performers, which can help to promote their career and increase their visibility.
• Increased protection for performers, producers, and authors, which helps to ensure that their works are not exploited and that their rights are respected.

Limitations of Neighboring rights

• Neighboring rights do not provide protection for the actual work that is the subject of copyright protection.
• Neighboring rights do not provide protection against the unauthorized copying of a work, as the copyright protection does.
• Neighboring rights do not provide the same level of protection that is available through copyright.
• Neighboring rights do not protect against the unauthorized use of a work, such as performance or broadcast, for which the copyright owner has exclusive rights.
• Neighboring rights do not protect against the unauthorized use of a work in other media, such as the internet, as the copyright owner has exclusive rights to control such use.
• Neighboring rights do not protect against the unauthorized alteration of a work, such as creating a derivative work, as the copyright owner has exclusive rights to control such changes.
• Neighboring rights do not provide protection for the moral rights of the creator, such as the right to attribution or integrity of the work.
• Neighboring rights do not provide protection against the unauthorized distribution of a work, as the copyright owner has exclusive rights to control such distribution.

Other approaches related to Neighboring rights

• Collective Licensing: Collective licensing is an approach that involves the collective management of copyright. This approach allows copyright holders to be fairly compensated for their works by collecting royalties from users and distributing them to copyright holders. This approach is useful when the copyright holder is unable to manage the copyright on their own.
• Statutory Licensing: Statutory licensing is a form of licensing that provides certain users with permission to use copyrighted works without having to contact the copyright holder. This approach is useful when the copyright holder is not reachable or when the usage is non-commercial.
• Technological Protection Measures: Technological protection measures are tools that protect copyrighted works from unauthorized use. These measures can include digital rights management, watermarking, and encryption.

In summary, Neighboring rights involve a range of approaches, such as collective licensing, statutory licensing, and technological protection measures, that are used to protect copyrighted works from unauthorized use and ensure copyright holders are fairly compensated for their works.

Footnotes

Neighboring rights — recommended articles

Easement In Gross — Intellectual property rights — Proprietary rights — Intellectual property protection — Negative easement — Prohibitory injunction — Local agent — Patent Pending — Residual payment

References

• Copyright and Neighbouring Rights Act(2001), Acts 11/2000, 22/2001
• Magalla A.B. (2015),The True Meaning of Copyright
• Ogawa M.(2006) Protection of Broadcasters' Rights, Martinus Nijhoff Publishers, Leiden/Boston
• Sivakumar S., Lukose L.P. (2013), Broadcasting Reproduction Right in India: Copyright and Neighbouring Rights Issues, "Indian Law Institute", New Delhi
• The Copyright and Neighbouring rights regulations(2010), Statutory Instruments, No. 1

Author: Julia Kręcioch