Tag: <span>表演</span>

Who owns unauthorized fixation of the performance?

This is a bilingual post, Chinese version follows the English one (the two versions are not exactly same).


Fixation of the performance without the performer’s authorization will infringe the copyright. However, the questions follow: shall those unauthorized phonograms totally be discarded? Who can use them, and in what extent?

Easy124, a reader of this blog, sent me some provisions in Canadian Copyright Act. Among them, Section 15 (1) (b) noted that a performer has a copyright to:

 … reproduce any fixation that was made without the performer’s authorization.


Neighboring Right Owners’ Right of Communication to the Public through Information Networks


Abstract: The Copyright Law of People’s Republic of China("The Law" hereinafter)authorizes neighboring right owners (performers,sounds recorders and video recorders) some "Rights of Communication to the public on Information Networks". This article notes the following arguments: (1) According to The Law,these rights are different to copyright owner’s "Right of Communication of Information on Networks". (2) A performer is incapable to enjoy the right of communicate his own performance to the public on information network,but can merely authorize others to communicate his performance to the public on information network. (3) The sounds recorders and video recorders should have the "right of communication to the public on information network by themselves", whilst The Law neglected itwrongfully. (4) The distinction between "distribution" and "communication to the public on information network" should be clarified by the way of understanding the differences among "work", "medium of work", "tangible medium" and  "intangible medium". (5) It is reasonable to restrict the Radio and Television Stations enjoying the right to communicate to the public on information networks.

Key words: Information network; Neighboring right; Performance; Recording; Intangible Medium

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董 皓**