Rights related to copyright (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, audio and video recordings, broadcast programs, and satellite signals carrying programs encode. To clarify the individuals and organizations that are the subjects of related rights, Vietnam Copyright would like to send readers the article below.
1. What is the subject of related rights?
Subjects of related rights are individuals and organizations whose related rights are protected, meaning they enjoy the rights and obligations prescribed by law for the protected objects of related rights. Article 16 of the Intellectual Property Law stipulates the subject of related rights as follows:
“Article 16. Organizations and individuals have related rights protected
Organizations and individuals who are owners of related rights specified in Article 44 of this Law.
Organizations and individuals that first shape the sounds and images of a performance or other sounds and images (hereinafter referred to as audio or video recording producers).
The organization that initiates and carries out the broadcasting (hereinafter referred to as the broadcasting organization).”
According to the above regulations, four subjects are considered subjects of related rights including:
2. Performer
Performers are those who perform the work and directly convey the work to the public. According to Article 3 (a) of the Rome Convention – International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, “Performers are actors, singers, musicians, dancers and Other people role-play, sing, read, recite, present, or otherwise perform literary and artistic works. On that basis, Vietnamese law stipulates that performers are actors, singers, musicians, dancers and other people who present literary and artistic works such as sound and lighting artists. , circus performer, …
3. Owner of the show
Related rights owners are those who hold one, several or all of the related rights specified in the law. Specifically, Article 44 of the Intellectual Property Law stipulates the following regarding relevant rights owners:
“1. Related rights owners include:
a) The performer who uses his or her time, financial investment and physical and technical facilities to perform a performance is the owner of the rights to that performance, unless otherwise agreed with the performance partner. Stakeholders;
b) Producers of audio or video recordings that use their time, financial investments and physical and technical facilities to produce audio or video recordings are the owners of the rights to the audio recordings. record the video, unless otherwise agreed with the relevant party;
c) The broadcasting organization is the owner of the rights to its broadcast program, unless otherwise agreed with the relevant party.
2. The owner of related rights is the organization that assigns tasks to an organization or individual within its organization to perform a performance, audio recording, video recording, or broadcast program and is the owner of the corresponding rights. prescribed in Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law, unless otherwise agreed.
3. The owner of related rights is the organization or individual that enters into a contract with another organization or individual to perform a performance, audio recording, video recording, or broadcast program that is the owner of the corresponding rights. prescribed in Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law, unless otherwise agreed.
4. Organizations and individuals that inherit related rights according to the provisions of the law on inheritance are the owners of the corresponding rights specified in Clause 3, Article 29, Clause 1, Article 30 and Clause 1, Article 31 of this Law. .
5. The organization or individual that is transferred one, some or all of the rights as agreed in the contract is the owner of one, some or all of the corresponding rights specified in Clause 3, Article 29, Clause 1 Article 30 and Clause 1, Article 31 of this Law.”
It should be noted that the owner of a related right is one of the subjects of the related rights, but the subject of the related rights and the owner of the related rights are not always the same. To determine who is the owner of related rights, it is necessary to clearly determine who uses the time, financial investment and facilities to perform the work, and must also determine whether they performed the work. whether they are assigned a task or not, or whether they enter into a contract to perform the work with another organization or individual, or whether they have an agreement with another individual or organization about who is the owner or not. In addition, organizations and individuals become owners of related rights due to inheritance or transfer of rights.
4. Audio and video recording publishers
Producers of audio and video recordings are organizations and individuals that use audio and video tapes or other technical devices to record sounds and images of performances or sounds and images of performances. a certain work. According to the provisions of Article 16 above, it can be understood that the producer of the sound or video recording is the organization or individual that first shapes the sounds and images of the performance or other sounds and images. In particular, if an audio or video recording is produced by an organization or individual using their own time, finance, physical and technical facilities, they are the owner of that audio or video recording. , unless they have agreed otherwise.
5. Broadcast organization
According to Clause 11, Article 4 of the Intellectual Property Law, broadcasting is the transmission to the public by means of radio of sound or image, sound and image, reproduction of sound or image, reproduction of sound. and images of works, performances, phonograms, video recordings, broadcasts, including satellite transmissions, transmission of encrypted signals in the case of decryption media used by broadcasting organizations made available to the public or provided with the consent of the broadcasting organization. Thus, broadcasting organizations are organizations that initiate and carry out broadcasting, including radio broadcasting organizations, television organizations and satellite signal broadcasting organizations. The broadcasting organization is the owner of its broadcast program, unless otherwise agreed with the relevant party.
Above is the article “The subjects of related rights”. We hope this article is useful to you.
