A Study on Copyright and Neighbouring Rights

A Study on Copyright and Neighbouring Rights

Written Vaibhavi Verma

Abstract:

In this article, we will delve into the realm of copyright and neighbouring rights and provide an in-depth analysis of their significance within intellectual property law. The article begins by emphasising copyright as a legal right that protects the exclusive right of authors over their original intellectual property. Thereby, these rights incentivise creativity and further innovation. This article also talks about the economic rights and moral rights of the original creators over their creations in order to maintain their integrity.

On the other hand, neighbouring rights are such rights that do not protect the works of original authors but those who contribute to the dissemination and distribution of such creative work. Those include ‘performers, producers of phonograms, and broadcasting organisations’. The article hence further delves into the realm of neighbouring rights, where it talks about the various legal frameworks that govern such rights, particularly in jurisdictions like India. The legal framework in India has gone through significant amendments in recent years in order to incorporate neighbouring rights.

At last, this article will address what are the implications of copyright and neighbouring rights economically. It will also delve into various challenges that are faced by the legal frameworks governing such rights. The challenges mostly arise because of the current digital age that has made pirating work easier. Thus, this article talks about the need for an evolving legal framework to balance the public access to the works of the creator digitally with their exclusive rights over their works.

Overall, this article emphasises that copyright and neighbouring rights are essential in order to foster creativity as well as to ensure that all the creators in the process get their fair share of compensation.

Introduction:

The rights under the intellectual property laws, such as copyright and neighbouring rights, are essential in order to protect the rights of not only the creators but also those who are involved in the dissemination and distribution of such creative original works. In ‘the Berne Convention for the Protection of Literary and Artistic Works’, it was established that ‘the copyright on a work is established automatically when such work is created, provided that such work is original and is in a tangible medium’.^[1]

In the case of neighbouring rights, several amendments were made to the Copyright Act in 1994 and 2012 in Indian jurisdiction. These amendments incorporated provisions for neighbouring rights. This reflects the greater awareness and recognition of the ‘need to protect the rights and interests of performers and producers’ that help in the dissemination of the creative work within the legal framework.^[2]

Understanding Copyright:

In simple terms, copyright means the right of the author against someone who copies their work. It grants exclusive rights to authors on their original works. Copyright encompasses a wide variety of ‘creative works such as literature, music, art, and software’.  The main purpose for the enactment of copyright is to give authors control over the use of their work and to also receive financial compensation if it is being exploited by other parties.^[3]

As per the Berne Convention, copyright arises automatically upon its creation and is expressed via a tangible medium without any need for formal registration. The period of copyright typically is ‘till the lifetime of the author and 70 years after that’. ‘After this, the work enters the public domain, which is accessible to everyone. This duration of copyright varies by jurisdiction’.^[4]

Beyond reproduction, the scope of copyright also includes certain moral rights. ‘These moral rights confer the right to attribution, which is to be recognised as the author of a work, and the right to integrity, which encompasses the right to object to derogatory treatment of the work’.^[5]

There are certain economic rights that are associated with copuright too. These allow the original creators to monetise their works using licensing agreements and sales.^[6]

However, it is worth noting that an original idea would not be protected by the copyright but rather its expression via a fixed medium. This helps in protecting the rights of the original creator while also allowing others to explore similar concepts without infringing the copyrights.^[7]

The Scope of ‘Copyright Protection’:

The scope of ‘copyright protection varies by jurisdiction’ but generally aligns with international standards established by ‘treaties such as the TRIPS Agreement and the Berne Convention’. However, some jurisdictions may have different durations for specific types of works or for works created by multiple authors.^[8]

In addition to traditional literary and artistic works, recent legal developments have expanded ‘copyright protection to include computer programs and compilations of data.’  The TRIPS Agreement explicitly recognises ‘computer programs as literary works under copyright law’, providing a framework for their protection that was previously absent in earlier conventions. This inclusion reflects the growing importance of digital content in today’s economy and underscores the need for legal protections that adapt to technological advancements.^[9]

Neighbouring Rights: An Overview:

Neighbouring rights are also known as related rights. Three types of stakeholders find these rights especially significant: broadcasting organisations, phonogram (sound recording) manufacturers, and performing artists.^[10]

For example, the composition of a song is protected by copyright law, but an artist’s rendition of the same song is subject to neighbouring rights. In an industry where their labour is frequently utilised without direct payment, this guarantees that performers receive acknowledgement and payment for their services, which is essential for maintaining their livelihoods. Generally speaking, the protection provided by neighbouring rights is only valid for 50 years following the date of the performance or recording fixation. ‘This time restriction strikes a balance between safeguarding the rights of artists and permitting the general public to view cultural works after a fair amount of time’.^[11]

Legal Framework for Neighbouring Rights:

Although the laws governing neighbouring rights differ from one state to the next, they are frequently impacted by international agreements like the TRIPS Agreement and the Rome Convention.^[12] Significant legislative reforms have been undertaken in many nations, including India, to include provisions for neighbouring rights in national copyright laws. For instance, significant changes were made to the Indian Copyright Act in 1994 and 2012, including sections specifically devoted to safeguarding the rights of broadcasting organisations (Section 37), phonogram manufacturers (Section 14), and performers (Section 38).^[13]

An important step in acknowledging neighbouring rights under Indian law was the 1994 amendment. It created a framework that outlined the rights of broadcasters and producers in addition to protecting performers.^[14] By adding exclusive and moral rights for artists under Sections 38A and 38B, the later revision in 2012 extensively reinforced these protections. Furthermore, Section 39A made it clearer how copyright and neighbouring rights relate to one another, guaranteeing that no license to duplicate a broadcast is legitimate without the performer’s or copyright owner’s consent.^[15]

The TRIPS Agreement, which requires member governments to abide by specific provisions while permitting freedom in implementation, combines aspects of copyright and neighbouring rights on a global scale. The TRIPS Agreement’s Article 9 clearly stipulates that parties must respect the Berne Convention’s copyright protection guidelines while also taking into account the neighbouring rights of producers and performers.^[16]

It is important to remember, nevertheless, that if the underlying work violates an existing copyright, there are no neighbouring rights. Because of this partnership, performers and producers can profit from their work, but not at the expense of the original creators.

Also Read: Understanding Personality Rights in India: Legal Evolution, Challenges, and Digital Age Relevance

Challenges in Enforcement:

The quick development of digital technology, which has made it easier for creative works to be widely reproduced and distributed without permission, is one of the main problems. Both copyright holders and those with neighbouring rights are seriously threatened by the ease with which digital content may be copied and circulated online. For example, it is simple to pirate and distribute movies and music via many internet platforms, frequently without the original artists’ or performers’ permission or payment.^[17]

Different jurisdictions operate with distinct legal frameworks, which presents another enforcement problem. Although international agreements like ‘the Berne Convention and the TRIPS Agreement’ set minimal requirements for copyright protection, each nation has its own laws, protection periods, and enforcement methods. Confusion and protection gaps could arise from this discrepancy, especially in cross-border situations where works can be used among multiple jurisdictions.^[18]

Conclusion:

The importance of ‘copyright and neighbouring rights in intellectual property law’ is examined in the essay, with a focus on how they safeguard authors and contributors. It discusses the legal frameworks that control these rights, especially in India, and the difficulties in enforcing them in the digital age. It addresses the necessity of changing the laws to ‘strike a balance between the privileges of artists and public access.

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^[1] ‘The Protection of Copyright and Neighbouring Rights’ (Pitt) https://aei.pitt.edu/4633/1/4633.pdf.

^[2] Bytescare, ‘Neighbouring Rights in Copyright’ https://bytescare.com/blog/neighbouring-rights-in-copyright/.’The

^[3] Tshimanga Kongolo, ‘Does the Congo’s Copyright and Neighbouring Rights Law Conflict with the TRIPS Agreement’ (1999), 2 J World Intell Prop 311, 328–330.

^[4] Copyright.eu, ‘Neighbouring Rights to Copyright or Related Rights’ https://www.copyright.eu/docs/neighbouring-rights-to-copyright-or-related-rights/

^[5] Gy Boytha, ‘Interrelationship of Conventions on Copyright and Neighboring Rights’ (1983) 25 Acta Juridica 403, 428–430.

^[6] European Space Agency, ‘About Copyright and Neighbouring Rights’ https://www.esa.int/About_Us/Law_at_ESA/Intellectual_Property_Rights/About_copyright_and_neighbouring_rights.

^[7] Brill, ‘Neighbouring Rights’ https://brill.com/display/book/9789004480445/B9789004480445_s010.xml

^[8] Tshimanga Kongolo, ‘Does the Congo’s Copyright and Neighboring Rights Law Conflict with the TRIPS Agreement’ (1999) 2 J World Intell Prop 311, 328–330.

^[9] ibid

^[10] ‘The Protection of Copyright and Neighbouring Rights’ (Pitt) https://aei.pitt.edu/4633/1/4633.pdf.

^[11] Copyright.eu, ‘Neighbouring Rights to Copyright or Related Rights’ https://www.copyright.eu/docs/neighbouring-rights-to-copyright-or-related-rights/

^[12] The Protection of Copyright and Neighbouring Rights’ (Pitt) https://aei.pitt.edu/4633/1/4633.pdf.

^[13] Copyright (Amendment) Act 2012 (India), No 27 of 2012.

^[14] Copyright (Amendment) Act 1994 (India), No 38 of 1994.

^[15] Copyright (Amendment) Act 2012 (India), No 27 of 2012.

^[16] Agreement on Trade-Related Aspects of Intellectual Property Rights (adopted 15 April 1994, entered into force 1 January 1995)

^[17] European Space Agency, ‘About Copyright and Neighbouring Rights’ https://www.esa.int/About_Us/Law_at_ESA/Intellectual_Property_Rights/About_copyright_and_neighbouring_rights

^[18] Practical Law, ‘Copyright: Overview’ https://uk.practicallaw.thomsonreuters.com/5-107-6614?transitionType=Default&contextData=(sc.Default)