The right to perform and the right to perform mainly include the following differences:
1, with different properties. The performance right belongs to the property right in copyright, and the performer's right is an adjacent right, which is derived from the author's performance right.
2. The objects of rights are different. The object of performance right is works, and the object of performance right is performance.
3. Other differences.
Legal objectivity:
The right to perform and both belong to the protection category of People's Republic of China (PRC) Copyright Law. Although there is only one word difference between them and they are closely related, they belong to two completely different concepts. The differences are as follows: the legal nature is different: the former belongs to copyright and the latter belongs to copyright. The right to perform refers to the right to publicly perform his works according to law. China's Copyright Law stipulates the right to publicly perform works and the right to publicly broadcast works through various means. It is equal to the copyright owner's rights of reproduction, distribution, adaptation and translation. Performer's right is the right of the performer based on the performance of the work, the right of the performer to be born after the authorization of the author, and the right derived from the author's performance right. Therefore, the rights of performers and publishers, audio-visual producers and other works disseminators are collectively referred to as "neighboring rights" in relevant international conventions and most countries, that is, the rights adjacent to copyright. China's Copyright Law lists the performer's right in Chapter 4, which belongs to "copyright-related rights" to distinguish it from copyright. The object of protection is different: the former is a work and the latter is a performance. The reason for protecting the right to perform is the author's creation of his works, and its object is the work itself, by allowing others to perform the works in a certain way and get paid. The object of the protection of the performer's right is a series of performance activities such as the image, action and sound of the performer himself when performing the work. Therefore, if a work is performed by different performers for many times, then more than one person has the right to perform, and the main body of the right to perform is still the author, because the work itself has not changed, and the activities of each performer are different. For example, China's famous ballet "Red women soldiers" has been performed thousands of times since it first appeared on the stage. * * * Twenty-two actors have played Qionghua, and 16 actors have played Hong Changqing. They enjoy the rights of performers equally. The subject of rights is different: the former is the author and the latter is the performer. The main body of the performance right is the copyright owner, that is, the author of the creative work. The subject of performer's right is the performer of a performance. For example, Mr. Lao She's copyright in his drama Teahouse and novel Camel Xiangzi includes the right to decide whether these two literary works should be put on the TV screen or the movie screen, while the actors who perform Camel Xiangzi in the drama troupe and the movie Teahouse, such as Zhang Fengyi who plays Xiangzi and Gaowa Siqin who plays Tigress, have the right to perform. Therefore, for art forms such as poetry, drama, music, dance, and folk art, poets, playwrights, songwriters, choreographers, and creators of comic dialogue are the right holders of performance rights, while reciters, troupes or actors, singers, dancers, and comic dialogue actors are the right holders of performance rights. Because the copyright owner can perform the work by himself or authorize others to perform, there may be competition between the performance right and the performer's right in the main body. For example, impromptu speeches, impromptu dances. At this time, the speaker and dancer are also the copyright owners of oral works and dance works. For another example, if a singer sings his own songs, then he enjoys the right to perform, and at the same time enjoys the right to perform. Of course, in fact, in most cases, the competition between the two subjects is still rare. The content of rights is different: the former is property rights, while the latter includes both property rights and personal rights. The right of performance belongs to the property right in copyright, and the content of the right is mainly reflected in whether the work is published or not, the performer must obtain the permission of the copyright owner and pay the remuneration for using other people's works for commercial performance. It can be seen that the right to perform is the right of the author and the obligation of the performer. After being authorized by the author, the performer enjoys the following rights to his performance: (1) to show the identity of the performer; (two) to protect the performance image from distortion; (3) Permitting others to broadcast live and publicly disseminate their live performances, and receiving remuneration; (four) to license others to record and video, and get paid; (five) to permit others to reproduce and distribute the audio-visual products of their performances and get paid; (six) to allow others to spread their performances to the public through the information network and get paid. It can be seen that performers' rights include personal rights and property rights. The first two items are the personal rights of performers, that is, the right of authorship and the right to protect the integrity of performances. The last four items are performers' property rights, including the right of public communication, the right of recording, the right of reproduction and distribution, and the corresponding right to claim remuneration. The term of protection is different: the former is 50 years before and after the author's death, while the latter is the indefinite protection of personal rights and 50 years of property rights. The protection period of citizens' right to perform is 50 years before and after the author's death, ending at 65438+February 3 1 in the 50th year after the author's death. The term of protection of performers' rights varies with the content of rights. Specifically, the protection period of the performer's right of signature and the right to protect the integrity of the performance is not limited, and the protection period of other rights is 50 years, ending at 65438+February 3 1 day in the 50th year after the performance.