Neighbouring Rights

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It is well settled principle that the person who has applied his labor over the work should get the right of ownership over that work; this is one of the methods to justify the intellectual property. For the purpose of this project and before moving ahead we need to understand the justifications required to justify the intellectual property. One of the theories in the intellectual property is the lock-labor theory, which says that each and every person has right over his labor and the person responsible to exercise his mental/physical labor will get the ownership over that work.[1] With keeping this view of labor and fruit in mind the authors have tried to delve with the meaning and importance of the neighbouring rights which can help in easy understanding of the neighbouring rights. There is another name for neighbouring rights that is the related rights and the concept and idea of neighbouring rights primarily emerged due to advancement in technology which basically emerged in the second half of nineteenth century. Earlier these rights were not recognized but however in 1961 the recognition of these rights took place in the Rome Convention.[2] WIPO formed two committees of experts in order to observe the influence of new technology on the neighbouring rights and copyrights, both the committees were consisted of experts and they suggested some recommendation in the field of protecting the neighbouring as well as copyrighted work.[3] Committee were of view that the rights of performer’s, broadcaster’s should not be subrogated rather we should adhere to some rules and regulations where we can protect the interest of these certain kind of persons. In this project author has dealt strictly with the neighbouring rights and rights associated with the neighbouring rights. In each of the aspect such as performers’ rights, broadcasting rights and producers rights of phonograms author has thrown light in reference to modern technological area and tried to show the impact of such rights on the entertainment industry as well as on the economy of the country. In this project authors have discussed all three kind of rights that more or less are subject matter of neighbouring rights.

Research methodology

I. Neighbouring rights

These are the rights which got the recognition at the international regime in 1961 by the Rome Convention. The main purpose of these rights is to protect the interest of certain kind of persons, who are responsible to disseminate/spread the work of author to public. Related rights are also known as neighbouring rights and primarily cover the three kinds of rights: performer’s artist rights in their performances, producer’s rights of phonograms and the last being the broadcasting organisation’s rights in their television and radio programmes.[4] The representation of neighbouring can be shown herein below. Copyright (Draw the table) Though the international committees prescribes the term of protection of rights of performers, copyright holders and phonograms rights holders should not be less than fifty years and whereas in the case of broadcasting rights the protection term should not be less than twenty years.

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