Legal Definitions - droit voisins

Droit voisins, a French term meaning "neighboring rights," refers to legal protections granted to individuals and organizations who contribute to bringing creative works to the public, even if they are not the original authors of those works. These rights are distinct from, but closely related to, copyright. While copyright protects the original creator's work (like a song, book, or film script), neighboring rights protect the *performance*, *production*, or *transmission* of that work.

Essentially, neighboring rights ensure that performers, producers of sound recordings (like record labels), and broadcasting organizations have legal control over their specific contributions and investments in making creative content accessible.

• Example 1: A Musician's Live Performance

  Imagine a talented jazz singer performing a classic song written by a famous composer. The composer holds the copyright to the song itself. However, the jazz singer has droit voisins over her unique interpretation and live performance of that song. This means that if someone were to record her concert and try to sell that recording without her permission, they would be infringing on her neighboring rights, even though they aren't infringing on the original composer's copyright to the song.

• Example 2: A Record Label's Album Production

  Consider a record label that invests significant resources in recording, mixing, and mastering an album for a new band. The band members own the copyright to their original songs. However, the record label holds droit voisins over the specific sound recording (the master recording) they produced. This right allows the label to control how that particular recording is reproduced, distributed, or made available to the public, protecting their financial and creative investment in the production process.

• Example 3: A Television Broadcaster's Live Event Coverage

  A television network broadcasts a major international sporting event live. While the organizers of the sporting event might hold certain rights related to the event itself, the television network holds droit voisins over its specific broadcast signal. This prevents other entities from simply capturing and retransmitting the network's live feed without authorization, recognizing the network's effort and investment in capturing, producing, and distributing the broadcast.