In chapter 5 of the Copyright Act certain rights neighbouring to copyright are defined.
Performing artists are protected by rules according to which a performance of a literary or artistic work may not be recorded in such manner that the performance can be reproduced or made available to the public, unless permission for this recording has been granted by the performing artist. Further, making available to the public by broadcast over radio or television or by direct communication is not allowed unless the performing artist has granted permission for this activity. This right is in force until 50 years has passed from the first public performance.
A right to film a work includes a right to distribute copies to the public through loaning, unless otherwise agreed upon.
The protection of a performing artist is always directed to some certain work, i.e. there is no comparison of similarity with earlier works. A performing artist is therefore not protected from imitation.
Protection is also given to producers of phonograms and in some extent to radio and television companies and to producers of press reports.
A catalogue, a table, a programme or any other production in which a large number of information is complied may not be reproduced without the consent of the producer until 10 years has elapsed from the year when the work was published or at latest when 15 years has elapsed from its completion. The EC directive on databases may, however, result in changes to this rule, especially in order to introduce the new "sui generis" right for database producers. Specifications will probably be made to the Act concerning the rights and obligations of lawful users and concerning exemptions to the sui generis right.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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