Protection of the neighbouring rights

Protection of the neighbouring rights

Besides the copyright protection for original creations, the copyright law provides protection for performances, which do not concern the creation of original works, but the communication of already existing creations or other materials to the public. In these cases some kind of economic investment is typically found behind the performances. The performances of this kind are protected by the Act as 'rights related to copyright' [[C.A. Part Three, Art. 73-84/E]] and the content of the entitlement is defined by prescribing special rules in relation to copyright protection. The range of these rules encompasses the so-called neighbouring rights (the protection of performers, phonogram producers, radio and television organisations and film producers) [C.A. Chapter Eleven, Art. 73-84] and the rights of producers of databases [C.A. Chapter XI/A, Art. 84/A-84/E].

It is a special feature of the rights related to copyright that in several cases their exercise is not possible individually (e.g. in the case of the transmission of sound recordings). In these cases the enforcement of rights is possible through the so-called collective administration of rights [C.A., Chapter Twelve, Art. 85-93].

The term of protection [C.A. Art. 84] of rights related to copyright is different from the term of copyright protection; in the case of neighbouring rights the protection lasts 50 years counted from the putting into circulation or broadcasting of the performance or the work, and in the case of databases it lasts 15 years from the date on which the database was made available to the public or was completed.

The rights provided for the holders of rights related to copyright may not influence in any manner the protection of authors'rights concerning literary works and creations of art.