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Performance protection law

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Key Facts
  • The ancillary copyright protects the rights of participants who are not considered authors but who are involved in the creation of works.
  • It protects performing artists, phonogram producers, film producers, broadcasting companies and press publishers.
  • Performers decide on the use of their performances, including recordings and public accessibility.
  • Recording companies control the reproduction and distribution of their artists' recordings.
  • Film producers have similar rights in film production and distribution as producers of sound recordings.
  • The term of protection of the ancillary copyright varies, in the EU it is around 50 years.
  • It supplements copyright law and protects the rights of persons who distribute cultural content.

Introduction

The ancillary copyright is a term that is often mentioned in connection with copyright. This is a special right that grants certain protective rights to certain groups or individuals who participate in the creation of a work but are not its authors. In this article, we will explain the concept of ancillary copyright in more detail and shed light on its significance in the modern legal system.

Definition of the ancillary copyright

The ancillary copyright protects the rights of persons or organizations involved in the distribution, performance or production of works without themselves being considered authors. These include, for example, performers, music producers, film producers, broadcasters and publishers.

Areas of protection of the ancillary copyright

1. performing artists

Performers, such as musicians, actors, and dancers, have the right to decide how their performances are used. This includes the right to record, reproduce and make their performances available to the public.

2. phonogram producer

Phonogram producers, such as music labels, have the right to control the reproduction and distribution of recordings on which artists’ performances are recorded.

3. film manufacturer

Film producers have rights similar to those of phonogram producers, but in the field of audiovisual works. They can decide how their films are reproduced and distributed.

4. broadcasting companies

Broadcasters have the right to control the use of their broadcasts. This includes the right to record and redistribute broadcasts.

5. press publisher

In some countries, such as the EU, there is a performance protection right for press publishers that allows them to control the use of their press publications by online services.

Duration of the ancillary copyright

The duration of ancillary copyright is generally shorter than copyright and varies by jurisdiction. In the European Union, for example, the term of protection is generally 50 years from the date of performance, recording or broadcast.

Conclusion

The ancillary copyright plays an important role in protecting the rights of individuals and organizations that contribute to the dissemination of cultural and creative content. It complements copyright law and ensures that those involved in the production and distribution of works are adequately protected and compensated.

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