Which International Agreement Introduced The Concept Of Neighbouring Rights

While the main reason for granting neighbouring rights was that record producers and broadcasters needed these rights to combat piracy and license, another political argument was that its rights would deter these intermediaries from contractually obtaining the rights of authors and artists. The introduction of neighbouring rights would thus lead to a „cleansing“ of copyright. But that hope has not been realized in practice. With a few exceptions, the recording contracts provide for the transfer of the rights of performers to producers. Similarly, broadcasters often insist on the transfer of rights to television and film producers or, in the case of self-produced audiovisual works, authors and actors of the film. The Rome Convention, Article 3, point b), defines a „phonogram“ as „any exclusively aural fixation of the sounds of a performance or other sounds“; Under section 3, point c), a „phonogram maker“ is „the person, person or legal persons who first fix the sounds of a representation or other sound.“ Conventions (Article 14 Rome; Article 4 of Geneva) set a minimum period of protection for producers` rights of 20 years from the end of the year in which the word phonogram was first published (or from its drafting for unpublished recordings): the TRIPS agreement (Article 14.5) extended this minimum period to fifty years from the end of the year in which the recording was made. The duration of protection in the European Union is fifty years from the end of the year in which the phonogram was first published or from the end of the year of its production for unpublished recordings (Article 3, paragraph 2, Directive 93/98/EEC). European Parliament and Council Directive (EU) 2019/790 on copyright and neighbouring rights in the Digital Single Market 2019 and amending directives 96/9/EC and 2001/29/EC, JO L 347 of 31.12.2019, p. 1. JO L 130/92, 17 May 2019 [DSM directive]. Database fees are fifteen years from the end of the database (the point at which the significant investment criterion is met) or from the date the database is made available to the public, depending on what is later. The duration of the coverage is until 31 December of the year, when it expires. In the event of a „substantial change“ in the database, considered a „significant new investment,“ a new period of protection is granted (Article 10).

In most countries, a work is protected during the author`s lifetime and after their death, their heirs inherit the copyright.