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Neighbouring rights

Practical Law UK Glossary 5-107-6614 (Approx. 3 pages)

Glossary

Neighbouring rights

Rights which extend the original concept of protection of copyright in an author’s original work, such as:
  • The rights of performers (for example, actors, singers or musicians) to give or withhold consent to the exploitation of their performances.
  • The rights of producers of sound recordings and films to give or withhold consent to the reproduction of their recordings or films.
  • The rights of broadcasters or cable programme makers to authorise or prohibit the use of their programmes.
This term is used in many continental European jurisdictions. Although these rights are recognised under English law as specific categories of rights, the expression “neighbouring rights” has no precise meaning or definition under English law.
In relation to the recorded music industry, neighbouring rights relate to the right of performing artists and their labels to be paid for certain ancillary activities using their recorded music. Neighbouring rights include the right to be paid when music is played in TV and radio broadcasts or in public places such as shops, restaurants and nightclubs. In most European countries (excluding the UK) the manufacturers of blank recording media, such as tape cassettes and blank recordable CDs and DVDs or devices containing hard drive storage, are required to pay levies which are then distributed to rightsowners. These are also neighbouring rights.
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Resource ID 5-107-6614
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Resource Type Glossary
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  • United Kingdom
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