Related rights: general provisions on the use of certain embodiments of Copyright

click fraud protection

Get in recent months a wide resonance combating the illicit proliferation of audiovisual products on the Internet is quite legitimate reasons.And it is based more on civil institutions "related rights".However, not everyone understands the true meaning and content of the legal sub-sector.And so it should be considered in detail.

concept and objects of related rights

Most relevant legal studies this institution is represented as a set of rights similar and related copyright.To understand this relationship, it is necessary to reveal the objects of related rights.For those accepted to the following:

  • execution objects of copyright - no matter what they are: a literary or poetic work, music, etc .;
  • record music or other audio works on media (soundtrack);
  • production of television, radio and internet broadcasting.

If we turn to the essence of each of these objects, it can be concluded that none of them does not fall under the category of copyright.Such a statement is due to the fact that, despite the presence of an element of creativity, they are not finished products, the creation of their own.Thus, a clear example is music.Music and poetry can be written by the performer of the song, but it is quite common situation in which the right of these components were purchased from third parties.In the first case, copyright and related rights are the same, and in the second case is the Institute comes the related rights.The same situation applies to the execution of works of literature in audio format.

Based on the above, related rights - a special legal institution designed to provide a legal regulation of the transfer of copyright.

legitimate protection of related rights

Talking about the legal protection of the institution, it should be clear that copyright and related rights are divided in terms of the universality of the emergence and spread of their protection.In the case of copyright need to talk about protection from the moment of creation of the work.And no matter where it was created, the author is able to effectively exercise their rights in all countries.

Related rights subject to a different regime of legal protection.Thus, the international community in 1961 in Rome the Convention was adopted, requires all participants to join to provide equal protection regime for the residents of these countries.It follows that if the state is not a member of the convention, the subject of the considered sub-sector of the right is not entitled to protection as long as its status as a subject of related rights will not be registered in the appropriate order.

In any case, the state provides three options to the subject of protection of related rights - administrative, civil or criminal law.

Civil protection permits an appeal to the competent authorities with a statement, one of the requirements which can be:

  • recognition of related rights for strictly defined entity;
  • cessation of acts which promote or provoke violation of related rights.

Administrative and criminal defense can be applied in the case had suffered significant damage, the scope of which is defined by the relevant legislation.In this case, the case of frequent institute a claim in the criminal proceedings to demand compensation for lost profits and damages.

Related rights, it became clear, it is your kind of way of commercialization of copyright.Therefore, the value of learning and the development of this sub-sector law is undeniable.