Rights granted to the Beneficiaries of Related Rights

Although not all rights may be granted in the same law, the rights, granted to the three beneficiaries of related rights in national laws, are as follows:

Performers are provided the rights to prevent fixation (recording), broadcasting and communication to the public of their live performances without their consent, and the right to prevent reproduction of fixations of their performances. The rights in respect of broadcasting and communication to the public of fixations on commercial phonograms may be in the form of equitable remuneration, rather than a right to prevent. This would be through non voluntary licensing.

Due to the personal nature of their creations, some national laws also grant performers moral rights, which may be exercised to prevent unreasonable omission of their name, or modifications to their performances, which present them in an unfavorable manner.

Producers of phonograms are granted the rights to authorise or prohibit direct and indirect reproduction, importation and distribution of their phonograms and copies thereof, and the right to equitable remuneration for broadcasting and communication to the public of phonograms.

Broadcasting organisations are provided the rights to authorise or prohibit rebroadcasting, fixation and reproduction of their broadcasts. Under some laws, additional rights are granted: for example, in the countries of the European Union, producers of phonograms and performers are granted a right of rental in respect of phonograms (and, in respect of performers, audio-visual works), and some countries grant specific rights over cable transmissions. Similarly, under the TRIPS Agreement, producers of phonograms (as well as any other right holders in phonograms under national law) are granted a right of rental.

Advertisements

Comments are closed.

%d bloggers like this: