Introduction
In the domain of intellectual property law, copyrights are crucial in protecting the creative works of authors, artists, and other creators. Thus, copyright is a legal protection that is provided to owners or creators for their original works of authorship, such as music, literature, art, software, movies, and other creative works that involve the application of the mind of an individual.
In the same vein, fundamental rights lie in an important category—neighbouring rights. Despite being seldom known among the masses, these rights offer significant protection to specific individuals or groups involved in the production, dissemination, and enjoyment of their creative works.
The article discusses various information related to the concept of neighbouring rights under copyright law in detail. Analyzing its scope, significance, and evolution in India, as well as globally. Further, it elucidates its types and the legal basis of these rights.
What are Neighbouring Rights?
Neighbouring rights are also referred to as ‘related rights’. It refers to a framework of rights that is inseparable from copyright. The only difference between them is that they don’t offer full ownership of a creative work like copyright. Neighbouring rights grant creators or contributors the right to control how their works are used, benefiting from commercial exploitation and safeguarding their economic interests.
These neighbouring rights include:
- The right, or the control of performers over their performances.
- The rights of sound recording producers.
- The rights of broadcasting organizations.
Copyright is focused on protecting the creator’s exclusive rights to create, distribute, or otherwise utilize their work. In contrast, neighbouring rights protect those who contribute to the distribution and utilization. Thereby ensuring that these creators benefit from the commercial success generated by these creations.
Types of Neighbouring Rights
Although the neighbouring rights are diverse, they primarily strive to protect three main groups, which are:
Rights of Performers’
Performers’ rights include protecting the rights of all performers, such as actors, musicians, dancers, and even models. It implies that they have exclusive rights over their live performances, whether or not their performance results in a tangible medium such as recordings or broadcasts. It’s their right to decide whether their performance should be captured in recordings, live telecasts, or any other forms that are of substantial economic value to the performers and provide them with a basis for royalties and compensation.
Right of Creation
Performers are entitled to control reproductions of their performances, especially in scenarios when they’re recorded in sound recordings or visual mediums.
Right of Distribution
They can control the distribution of copies of performances. Performers can even restrict the distribution of their performance due to reasonable excuses.
Right to Communicate to the Public
This encompasses broadcasting and presentation to the public.
Moral Rights
Performers can even retain the right to attribution and the right to object to derogatory treatment of their performances.
Rights of Producers of Sound Recordings ( Phonograms)
A phonogram is a sound recording on any medium, such as tape, CD, or even digital files. These sound recordings, who invest in the creation and commercialization of the work, enjoy neighbouring rights in relation to these recordings. Some of these neighbouring rights include:
Right of Reproduction and Distribution
Similar to copyright, the producers have exclusive rights to authorize the reproduction and distribution of their recordings.
Right of Communication to the Public
This right allows the creator to decide whether or not the sound recordings should be broadcast or communicated to the public.
Rights of Broadcasting Organizations
The broadcasting organizations have their own set of rights over the distribution of programs to the general public. These sets of rights are unique in their way. The term broadcasting includes television and radio programs, but in today’s digital world, it can extend to streaming media as well.
Right of Fixation
This neighbouring proper grants broadcasters the right to fix their programs in physical media such as tapes and digital files.
Right of Creation and Distribution
The broadcasting organizations have exclusive control over how their programs are reproduced or distributed to the public.
Right of Communication to the Public
This allows broadcasters and broadcasting organizations to restrict or minimize access by the public and the sharing of these programs.
Legal Basis of Neighbouring Rights
Neighbouring rights emerged as an extension of the concept of copyright to ensure that those involved in the production, performance, and distribution of creative works could also seek protection. The primary sources for global protection that provided a legal basis for such rights are the World Intellectual Property Organization (WIPO) and the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention (Revised in 1971), Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, 1971, Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties, 1979 and Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, 1995.
The WIPO Performances and Phonograms Treaty (WPPT) of 1996 is a legal document that lays down provisions for the protection of performers and producers of sound recordings and related rights. Signatories pledge to uphold the moral and financial rights of individuals engaged in these activities by endorsing this convention.
While countries can implement neighbouring rights through national laws, the framework of rights that is set by the WIPO treaties acts as a set of decided statutes and rights which are to be followed globally. The acknowledgement of neighbouring rights is crucial in ensuring international collaboration and respect for the contributions of non-authors in the creation of multimedia works. Thus, the recognition of these rights is of utmost importance in the global context.
Significance of Neighbouring Rights
Neighbouring rights are incredibly crucial in protecting the creator’s rights because they address a gap in copyright law as well as acknowledge the contributions of individuals other than the original authors of a work. These contributing individuals add substantial value to the creative works, whether they are performers, producers, or broadcasters. The specific significance of neighbouring rights is discussed below
Economical Impacts of These Rights
The neighbouring rights provide significant economic or financial support to performers, producers, and broadcasters. They receive royalties and benefits from the use of their performances or work. These rights ensure individuals and entities receive compensation for the secondary use of their products.
For example, sound recording producers may collect payments from digital platforms like Spotify, Jio Music or Apple Music that use their recordings to stream to millions of users.
Promoting Impartiality
Neighbouring rights help to ensure that the fruits of an individual’s labour, particularly those who enhanced or created the works, are not exploited unfairly or partially.
Moral Rights and Public Representation
These neighbouring rights also support the affirmation of moral rights. They strive to preserve the image of a performer. This certainly plays a vital role in scenarios where the artist’s or the creator’s identity is linked to a specific work, such as with a renowned actor or singer.
Neighbouring Rights in India
Historically, the Indian Copyright Act did not incorporate neighbouring rights. However, later, after acknowledging the need to protect the interests of performers, broadcasting organizations, and producers of phonograms, significant amendments were made over the years. The concept of neighbouring rights emerged through an amendment in the Copyright Act of 1957, aligning India with the global standards. This shows India’s duty to comply with the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights) set forth by the World Trade Organization. India’s outlook towards performers’ rights, producers of sound recordings rights, and broadcasting organizations’ rights has undergone significant changes over the past.
Section 37 was introduced to safeguard the rights of broadcasting organizations, while Section 38 was dedicated to the protection of Performer’s rights. The rights of Producers of Phonograms were reinforced with the inclusion of ‘sound recording’ in Section 13 and the clarification of their rights in Section 14.
Additionally, to provide clarity and prevent misuse, Section 39 was added. This article established the acts that wouldn’t infringe upon the rights of Performers and Broadcasting Organizations.
‘Chapter VIII of the Act’ was enriched with specific sections dedicated to Neighbouring Rights, providing clarity and addressing ambiguities in the application of these rights.
Neighbouring Rights in the Digital Era
In the digital era, the significance of neighbouring rights has significantly increased due to the explosion of online platforms, social media, streaming services, and file-sharing networks. It has become of primary importance for performers, producers, and broadcasters to ensure their rights are recognized at a global level, mainly when works are distributed through the Internet.
Digital distribution methods create both opportunities and hurdles for neighbouring rights holders. For example, sound recordings can be shared online quickly, which complicates the enforcement of these rights.
Online platforms such as YouTube, Spotify, and SoundCloud have revolutionized the music industry, bringing about new forms of digital royalties. However, they have also led to disputes regarding the calculation and distribution of royalties, sometimes leaving performers with little compensation despite the widespread use of their work. Streaming rights and digital performance agreements often highlight the discrepancy between technological advancements and the limitations of traditional copyright law structures.
Conclusion
In conclusion, neighbouring rights play an essential role in broadening the framework of copyright law, ensuring that every individual who is involved in the performance, production, and broadcasting of the creation receives the protection they deserve.
With the ongoing evolution of digital technologies and artificial intelligence, the commercialization of creative content has also increased. Therefore, the enforcement of these neighbouring rights has become more crucial than ever. As industrialization and globalization have accelerated the use of creative work in foreign countries and abroad, this also results in their exploitation. Thus, enforcing specific and consistent international laws for the protection of contributors becomes highly essential in the global context. Therefore, neighbouring rights emerge as a necessary framework of rights that strives to promote authenticity and creativity and safeguard the economic interests of the contributors.
