10.Neighbouring Rights

Neighbouring Rights

Neighbouring Rights, also known as related rights, are a category of intellectual property rights granted to individuals and entities that contribute to the creation, performance, or dissemination of works, but are not the original authors.

These rights exist alongside copyright, hence the name “neighbouring.” While copyright protects the original creator, neighbouring rights protect the efforts of performers, producers of sound recordings, and broadcasting organisations.

Who Holds Neighbouring Rights?

Neighbouring rights are granted to:

  • Performers: Actors, musicians, singers, dancers, and others who perform literary or artistic works.
  • Producers of Phonograms: Individuals or companies that make sound recordings.
  • Broadcasting Organisations: TV and radio companies that transmit performances or programs to the public.

Why Are Neighbouring Rights Important?

Neighbouring rights ensure that those involved in the production and distribution of a work are recognised and rewarded for their contribution. For example:

  • A singer’s live performance can be protected separately from the original music composition.
  • A film producer’s version of a movie gets rights over the recording.
  • A broadcaster can stop others from rebroadcasting their signal without permission.

These rights help creators earn royalties and exercise control over how their work is used commercially.

Protection and Duration

In most countries, including India, rights are protected under copyright laws. The term of protection may vary, but it often lasts for 50 years from the date of performance, publication, or broadcast.

These rights allow the holders to:

  • Authorize or prohibit reproduction and distribution.
  • Prevent unauthorised use.
  • Claim payment when their work is used.

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