Legal Definitions - related right

A related right, often referred to as a neighboring right, is a legal protection granted to individuals and organizations whose creative efforts and investments contribute to making copyrighted works accessible to the public, or who produce content similar to copyrighted works. These rights are distinct from the copyright in the original underlying work itself.

Essentially, while copyright protects the author or creator of an original literary, dramatic, musical, or artistic work, related rights protect those who perform, record, or broadcast such works, or create similar content. They acknowledge the significant contribution and investment made by performers, producers of sound recordings (like record labels), and broadcasting organizations.

Here are some examples to illustrate related rights:

• Example 1: A Musician's Live Performance

  Imagine a renowned jazz saxophonist performing a classic song at a concert. The song itself might be copyrighted by its original composer. However, the saxophonist's unique interpretation, improvisation, and specific rendition of that song during the live performance are protected by a related right. This means that unauthorized recording or broadcasting of *that specific performance* without the saxophonist's permission could infringe upon their related rights, even if the underlying song's copyright is separate.

• Example 2: A Record Label's Sound Recording

  A band writes and records a new album. The musical compositions (the songs themselves) are protected by copyright, typically held by the band members or their publisher. However, the specific *sound recording* of those songs – the master recording produced by the record label, encompassing the mixing, mastering, and overall audio production – is protected by a related right. This right allows the record label to control the reproduction, distribution, and public performance of that particular recording, distinct from the copyright in the song's lyrics and melody.

• Example 3: A Television Broadcaster's Transmission

  Consider a television network broadcasting a live sporting event, such as a major football game. While the event itself (the game) is not typically subject to copyright in the same way a film or song is, the television network's *broadcast signal* and the specific way they capture, produce, and transmit the event (e.g., camera angles, commentary, replays) are protected by a related right. This prevents other entities from re-transmitting or re-broadcasting that specific live feed without authorization from the original broadcasting organization.