Neighbouring Rights
China’s Copyright Law protects not only works by traditional copyright (author’s right), but also subject matters other than works by “neighboring rights”. Neighboring rights mean “rights and interests related to copyright”. According to Art.26 of Impleme
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Neighbouring Rights
China’s Copyright Law protects not only works by traditional copyright (author’s right), but also subject matters other than works by “neighboring rights”. Neighboring rights mean “rights and interests related to copyright”. According to Art.26 of Implementing Regulation, the so called “rights and interests related to copyright”, as mentioned in China’s Copyright Law (see Art.1) and these Regulations, mean the rights enjoyed by publishers in the typographical arrangements of their books or periodicals published, the rights enjoyed by performers in their performances, the rights enjoyed by producers of sound recordings and video recordings in their sound recordings and video recordings and the rights enjoyed by radio and television stations in their broadcast radio or television programs. Live performance of works, sound or video recordings, broadcasting signals and typo graphical design are not eligible for protection as “works” and are only subject matters of neighboring rights.
5.1 Rights and Obligations of Publishers Publishers indicate the Publishing units of Publishing House, newspaper, magazine and audio and video press etc. Publication is an important method to realize the copyright owner’s rights and interests. The rights of publishers are as follows: 1. With respect to a work delivered to a book publisher by the copyright owner for publication, the exclusive right to publish the work enjoyed by the book publisher as agreed upon in the contract shall be protected by law, and the work may not be published by others (Art.31, CCL). 2. A book publisher may alter or abridge a work with the permission from the copyright owner (Para.1, Art.34, CCL). A newspaper or periodical publisher may make editorial modifications and abridgments in a work, but shall not make
© Springer Nature Singapore Pte Ltd. 2017 Y. Guo, Modern China’s Copyright Law and Practice, DOI 10.1007/978-981-10-5352-8_5
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modifications in the content of the work unless permission has been obtained from the author (Para.2, Art.34, CCL). 3. A publisher shall be entitled to permit others to exploit the format design of a published book or periodical of it or prohibit others from doing so (Para.1, Art.36, CCL). The term of protection of the right provided in the preceding paragraph shall be 10 years, expiring on December 31 of the 10th year after the first publication of the book or periodical that uses such a format (Para.2, Art.36, CCL). At the same time of enjoying the above-mentioned rights, the publishers shall assume the obligation of paying remuneration (see Art.30, CCL).
5.2 Rights and Obligations of Publishers of Performers The subject of performers’ rights is the performer including actor/actress, performing unit or other person performing literature and art, while the object of performers’ rights is performing activity i.e. the reproduction of works of public or playing works by the voice, expression, action of the actor/actress. Performers of a copyright work are granted several k
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