Transmitting and bringing works to the public can be done in many ways, but the most common is through performers. The subject performing the works is a subject whose rights are concerned and protected by intellectual property law. Therefore, who are the performers and what rights do they have? Please read VCD’s article for more details.
1. Who is the performer?
Who is considered a performer is clearly defined in Article 3a of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention): “Performers are actors, singers, musicians, dancers, and others who act, sing, read, recite, present, or otherwise perform literary, and artistic works”.
Based on the concept of performers of the Rome Convention, Article 16 of Vietnam’s Intellectual Property Law lists organizations and individuals whose related rights are protected under Vietnamese law, which directly regulates performers. performances include: “Actors, singers, musicians, dancers, and others presenting literary and artistic works”.
2. Performers’ rights
When the legal conditions are met, performers enjoy rights to their performances. According to the provisions of the Intellectual Property Law, the rights of performers include moral rights and property rights.
Moral rights are rights of performers that cannot be transferred and are protected indefinitely. According to the provisions of Clause 2, Article 29 of the Intellectual Property Law, moral rights include the following rights:
- To be introduced by name when performing, when releasing audio or video recordings, or broadcasting the performance;
- Protect the integrity of the performance image, and do not allow others to edit, mutilate, or distort in any form that harms the performer’s honor and reputation.
If the performer is also the investor, he/she also enjoys property rights including the exclusive right to exercise or allow others to exercise the rights specified in Clause 3, Article 29 such as:
- Shape your live performance on audio and video recordings;
- Directly or indirectly copy your performance that has been fixed on audio or video recordings;
- Broadcast or otherwise transmit to the public your performance not in a format that is accessible to the public, except where the performance is intended for broadcast;
- Distribute to the public originals and copies of your performances through sale, rental, or distribution by any technical means accessible to the public.
At the same time, Decree 17/2023/ND-CP stipulates in Article 19 on Performers’ Rights as follows:
“1. The right to directly copy a performance that has been fixed on an audio or video recording according to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property Law is the right of the owner of the right to the actual exclusive performance. make or allow others to make other copies from that audio or video recording.
2. The right to indirectly copy a performance that has been fixed on an audio or video recording according to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property Law is the right of the owner of the rights to the exclusive performance. The right to make or allow others to make other copies not from such audio or video recordings such as copying from broadcast programs, electronic information networks, telecommunications networks, the Internet, and other similar forms.
3. The right to communicate to the public an unformed performance according to the provisions of Point c, Clause 3, Article 29 of the Intellectual Property Law is the right of the owner of the right to the performance to exclusively perform or authorize another carries out the dissemination of the unformed performance to the public by any technical means other than broadcasting.”
The performer through the exercise or permitting the exercise or transfer of property rights to obtain economic benefits. The law stipulates that organizations and individuals who want to exploit these rights must ask for permission and pay remuneration to the right owner, which is completely reasonable.
Above is the article “Rights of performers as stipulated in the Law on Intellectual Property of Vietnam”. We hope this article is useful to you.
