Neighboring rights

Neighboring rights
See also
Right to use Aggravated damages Exculpatory Clause Mutual Will Vesting order Assignment of claims Common good Inchoate instrument Powers of directors

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

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