Legal Definitions - Leistungsschutzrecht

The term Leistungsschutzrecht is a German legal concept that translates to Neighboring Right or Related Right in English. These rights protect the interests of individuals and organizations who contribute to making creative works available to the public, even if they are not the original authors or creators of the underlying work.

Unlike traditional copyright, which protects the original creative expression (like a song's melody and lyrics, or a book's text), neighboring rights protect the *performance*, *production*, or *broadcast* of those works. They acknowledge the significant effort, skill, and investment involved in bringing creative content to an audience.

Here are a few examples to illustrate how neighboring rights apply:

• Example 1: A Musician's Performance

  Imagine a renowned violinist performing a classical concerto composed centuries ago. While the original musical composition itself is in the public domain (meaning its copyright has expired), the violinist's unique interpretation and live performance of that concerto are protected by neighboring rights. This means that unauthorized recording or broadcasting of *that specific performance* without the violinist's permission would be a violation of their neighboring rights, even though anyone is free to perform the public domain composition themselves.

• Example 2: A Record Label's Sound Recording

  Consider a record label that invests substantial resources in recording, mixing, and mastering an album by a contemporary band. The band holds the copyright to their original songs (the melodies and lyrics). However, the record label holds neighboring rights to the specific *sound recording* they produced. This protects their investment and effort in capturing and producing that particular audio version of the songs, preventing others from simply copying and distributing that exact recording without permission, even if they could legally perform or record their own version of the same songs.

• Example 3: A Television Broadcaster's Transmission

  A television network broadcasts a live sporting event. The network has invested heavily in cameras, production crews, commentators, and satellite transmission technology to capture and deliver the event to viewers. While the sporting event itself is not copyrighted, and individual athletes might have their own image rights, the television network holds neighboring rights over its *broadcast signal* and the specific way it transmits the event. This prevents other entities from re-transmitting or re-broadcasting the network's live feed without authorization, recognizing the network's significant organizational and technical effort in making the event accessible to the public.