The creative work of a singer, musician, actor or other performer is a distinct object of protection under the copyright statute: the chapter on rights neighbouring to copyright gives performers personal and property guarantees over their performances. This page explains who holds neighbouring rights, what rights a performer has over the performance, how they move by contract and for how long they last.
The Essence of Neighbouring Rights
The statute treats neighbouring rights as an independent protection regime. Under Article 45, the protection of rights neighbouring to copyright provided by that chapter does not obstruct the protection of copyright, and neighbouring rights are exercised by way of respect for copyright — no provision of the chapter is interpreted as an infringement of copyright. Protection of the performance thus exists for the performer independently of the author of the underlying work: the performer's right protects the performance, the author's right protects the work.
Subjects and the Absence of Formalities
Article 46 defines the subjects of neighbouring rights: performers, producers of phonograms or videograms, and broadcasting organisations. Producers and broadcasting organisations exercise these rights within the limits of the authority granted by contract with the author and the performer, while the performer exercises them subject to the protection of the author's rights in the performed work. No observance of formalities is necessary for the origin and exercise of neighbouring rights — the right arises from the fact of the performance. To give notice of a right, the phonogram producer or performer may use the protection mark placed on every copy or its packaging, consisting of three elements: the Latin letter in a circle, the name of the right holder and the year of the first publication of the phonogram.
The Performer's Personal and Property Rights
Article 47 grants the performer personal and property rights over the performance: the right to the name; the right to protect the performance from any distortion or other violation that may harm the performer's honour, dignity or business reputation; and the right to use the performance in any form, including the right to receive a royalty for each form of use. The exclusive right of use means the right to permit or prohibit: fixation of a previously unfixed performance; direct or indirect reproduction of a phonogram-fixed performance; transmission on air or by cable; transmission of a fixation not made for profit; rental or other transfer of possession of the original or copies; distribution by sale; and and the transmission by wire or wireless communication so that the performance is available at a time and place chosen by the person — precisely the streaming model. Each use is a separate object of consent, so the scope of a licence matters as much as its existence.