Related rights

As related rights (also: neighbor rights or performance rights ) is called in the law and there especially in certain intellectual property rights, which have a close relationship or similarity to the copyrights. The exact definition varies depending on the observed law; in the German copyright law, the term serves as an umbrella term for a number of individual rights, which are not subject to the fulfillment of a personal intellectual creation other than the property right for works according to § 2 section 2 of the Copyright Act, but instead - in the words of the official reasons on the draft of copyright issues - to " contracts other " aim which " the creative power of the author are similar or are provided in connection with the works of the author"

Germany

Survey

In the German copyright law ( Law on Copyright and Related Rights ), the rules governing related rights are mainly used in a specially designated section " Related Rights", which includes the Copyright Act § § 70 to 87h. Only the protection of film producer and the motion picture protection are regulated as a film- specific standards in derogation, in § 94 and § 95 of the Copyright Act. Specifically, the following rules shall include related rights accordingly (as the Copyright Act, as amended on 9 October 2013):

The Copyright Act § § 70-87 and § § 94, 95 of the Copyright Act have already been included in the first version of the Copyright Law of September 9, 1965. The protection of the database producer (§ § 87a ff of the Copyright Act ), in turn, goes back to Article 7 of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases and found 1 January 1998 input into the copyright Act. The intellectual property right for press publishers ( § 87f of the Copyright Act ) entered as the youngest related right on 1 August 2013.

Nonetheless, individual related rights were well established even before the entry into force of the Copyright Act legally ( in any form ), such as the from 1910 to § 2 para 2 LUG ( Law on Copyright in Works of Literature and Music ) as a fictional agent copyright protection provided in law for performers whose? lecture? transferred to? devices for instruments? is serving the mechanical reproduction of the hearing. A photo protection was de facto the law relating to the protection of photographs taken already against unauthorized reproductions of 10 January 1876 the photographer regardless of the creative content of their works zubilligte a five-year protection for this.

Purpose, protection requirements and Relationship to copyright

Although differing intentions related rights among themselves, can occasionally develop overarching purpose of protection groups. Dreier ( 2013) suggests on the basis of existing norms about a two breakdown of the protective intention to either go the legislature to protect " certain personal services " ( as in the case of the protection of the performer ) or it will, as mostly the case, a protection of " economic [n ], organizational [n ] and technical [n ] power " (as in the protection of the phonogram producer ) intended. Purpose of the first part of the copyright law ( copyright in the narrow sense ) is in contrast to the protection of the copyright holder. What is accessible to copyright protection must be assessed, again according to the presence or absence of the plant property pursuant to § 2 para 2 of the Copyright Act. Just what is a personal creation of the author, can trigger copyright protection; moreover, must be inherent in a spiritual content of this creation, they also must have a perceivable form design, and finally bring the individuality of the author expressed.

At a central protection standard as § 2 of the Copyright Act related rights is lacking though, nevertheless can be the difference to the requirements of the plant protection and general outline. On the one hand, at the level of what triggers the protection: copyright this is the work, consequently therefore the result of an intrinsically creative process, not the method of creation or the art of presentation. The related rights make to their intended purpose, however, to a process where those of a performance. So, for example, the protection of press publisher of § 87f of the Copyright Act is not directed to the form of the result, but the space required for the performance effort should be rewarded with a protective law. A creative quality of the result arises in the light of as out as insignificant as an individual character of the resulting product.

The difference between copyright and intellectual property right is also reflected at the level of protection addressee. The orientation of the person of the author imposed that copyright can always just get a natural person. According to their purpose union orientation to the performance, related rights addressed in this definition also regularly shared with legal entities, as about an economic contribution to the provision of services is often done by companies. This is particularly evident in the protection of the organizer ( § 81 German Copyright Act) or the protection of the broadcasting company (§ 87 German Copyright Act), both of which (also) sent it after the text of the law to companies.

The related rights by their very nature are no " small rights " that serve as refuge for those products which do not meet the requirements of plant protection. This of course does not rule out that the results in individual cases so that may coincide more or less. Especially the photo to § 72 of the Copyright Act must be mentioned here that apart from the slightly shorter duration of protection and the different attachment time for photographs and similar products a nearly identical protection Content granted as the protection of the photograph as a work of fine art under § 2 para 2 Copyright Act would do. The emerging question in such a case, if power protection and plant protection can co-exist ( because any copyrighted photograph meets the requirements of the weaker light image protection ), is controversial in light images in the literature.

Protection and content protection durations

Protecting content of each performance rights among themselves differs substantially in some cases. The protection of photographs in accordance with § 72 of the Copyright Act has been mentioned in the previous paragraph as an example of a property right whose protection content hardly behind the factory security remains, as was the wording of the provision ("[ ... ] are in application of the rules applicable to photographic works provisions of the part 1 only ", § 72, Section 1 ) suggests. So also the photographer of enjoys about a right to recognition of his authorship and other moral rights. To restrictions it comes lack of individuality and a consequent Mindermaß in a " spiritual and personal relationship [ ] to work" (§ 11 German Copyright Act) but sometimes in the range of about Entstellverbotes (§ 14 German Copyright Act), which the Lichtbildner - but after parts the literature criticized view - is entitled or only in a limited degree. Similarly comprehensive approach to protect the powers of the protection of scientific issues (§ 71 German Copyright Act). The situation is different in the content of the protection of posthumous works, the applicable safety standards are listed in the law (§ 71 Section 1 of the German Copyright Act ) and its owner as though about to enjoy full property rights, but no moral rights claim for themselves. § § 85, 86 of the Copyright Act call for phonogram producers equal a final list of rights that excludes quasi copyright, moral rights claims and also limits the property rights. Similarly, this is handled in the protection of the broadcasting organization in which the exclusive right of retransmission also still a part of the copyright unknown (though admittedly based on it, see § 20 German Copyright Act) protection law is determined.

The protection periods related rights are generally less than 70 years ( for details see the table above ), however, have increasingly tended to increase in the course of development of the Copyright Law. Specifically, was about

The protection of scientific publications ( § 70 German Copyright Act) in 1990 extended from 10 to 25 years;
The protection of posthumous works ( § 81 German Copyright Act) extended the copyright reform in 1990 from 10 to 25 years;
The protection of photographs ( § 72 German Copyright Act) extended from 1985 until now 25 years new for so-called " documents of contemporary history" 50 years before 1995, the protection of all photographs was standardized at 50 years;
The pecuniary part of the protection of the performer (§ § 77, 78 German Copyright Act) with the introduction of the Copyright Act 1965 in fact virtually reduced to 25 years after publication or production, increased with effect from 1 July 1990 to 50 years, and through the implementation of Directive 2011/77/EU increased in 2013 to 70 years;
The protection of the phonogram producer ( § 85 German Copyright Act) to 1995 increased from 25 to 50 years experienced a further extension to 70 years through the implementation of Directive 2011/77/EU;
The protection of the broadcasting company (§ 87 German Copyright Act) in 1995 extended from 25 to 50 years;
The protection of film producer ( § 94 German Copyright Act) and therefore the protection of moving images ( § 95 German Copyright Act ) in 1995 increased from 25 to 50 years.

Switzerland

In Switzerland, neighboring rights are also regulated along with the copyright in the strict sense by the Federal Law on Copyright and Related Rights.

Regulations in other countries

In Austria related rights are governed by the Federal Act on Copyright in Works of Literature and Art and on related rights.

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