Legal Definitions - neighboring right

A neighboring right (often used in the plural as "neighboring rights") is a type of intellectual property protection that is similar to copyright but applies to the contributions of individuals and organizations who help bring creative works to the public, rather than to the original creator of the work itself. These rights protect the interests of performers, record producers, broadcasters, and film producers in their specific performances, sound recordings, or broadcasts.

Unlike the copyright held by an author for their original novel or a composer for their musical score, neighboring rights protect the *interpretation*, *technical arrangement*, or *dissemination* of that work. For instance, while a songwriter holds the copyright to their song, the singer performing it, the record label producing the sound recording, and the radio station broadcasting it may all hold neighboring rights related to their specific contributions.

Here are some examples to illustrate how neighboring rights apply:

• The Live Concert Recording:

  Imagine a famous singer performs a song written by another composer at a live concert. The composer holds the copyright to the song's music and lyrics. However, the singer's unique vocal performance, stage presence, and interpretation of the song during that specific concert can be protected by a neighboring right. If the concert is recorded and released as an album, the record producer who invested in the recording process, arranged the sound engineering, and captured the performance would also hold neighboring rights over that specific sound recording, distinct from the composer's original copyright or the singer's performance right.

• The Television News Broadcast:

  A television news channel broadcasts a live report from a breaking news event. While the news *content* itself (the facts, the events unfolding) is generally not copyrightable, the specific way the news channel captures, produces, and transmits that report—including their camera angles, on-screen graphics, commentary, and the signal itself—is protected by neighboring rights. This prevents other broadcasters from simply retransmitting their live feed without permission, even if the underlying news event is public domain.

• The Audiobook Production:

  Consider an audiobook version of a classic novel, like "Pride and Prejudice," which is now in the public domain (meaning its original copyright has expired). While anyone can publish the text of the novel, the specific performance of an actor narrating the audiobook, including their vocal inflections, pacing, and character voices, is protected by a neighboring right. Similarly, the audiobook producer who records, edits, and masters this performance also holds neighboring rights over that particular sound recording, ensuring their investment and creative input in producing that specific audiobook version are protected.