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- Introduction
In the modern creative economy, the production and dissemination of artistic works often involve multiple contributors beyond the original author. While copyright law primarily protects the creators of literary and artistic works, there exists another important category of rights related rights which recognize and safeguard the contributions of those who play a vital role in bringing such works to the public. These rights acknowledge that performers, producers of phonograms, and broadcasting organizations add significant creative, technical, and organizational value to works, even when they do not hold copyright over them.
The protection of related rights ensures that these contributors can control and benefit from the use of their performances, recordings, and broadcasts. Over the years, various international instruments have been established to define and harmonize these protections, including the Rome Convention (1961), the TRIPS Agreement, the WIPO Performances and Phonograms Treaty (WPPT) (1996), and the Beijing Treaty on Audiovisual Performances (2012).
This article explores the concept of related rights, their international framework, and the specific rights granted to performers. It further examines the exceptions and qualifications for the protection of performances under the law, highlighting how related rights operate alongside copyright to ensure a balanced and equitable system of protection within the creative industry.
- What are related rights?
Related rights are rights that share certain similarities with copyright but are designed to protect different forms of involvement in creative works. Their primary purpose is to safeguard the legal interests of individuals and organizations that play a role in making works accessible to the public.
Performers, producers of recordings, and broadcasters make significant contributions to the value of a work, even though they may not hold direct copyright over it. Accordingly, related rights exist to recognize and protect the creative, technical, and organizational efforts of these contributors in bringing a work to the public.1
Generally, there are three main categories of related rights: performers, producers of phonograms, and broadcasting organizations.
- International framework regulating related rights
At the international level, efforts to protect related rights culminated in the signing of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (commonly known as the Rome Convention) in 1961. This convention emerged after it became evident that earlier attempts to resolve the issue through contractual arrangements supported by the International Labour Organization (ILO) were inadequate.
Subsequently, the World Trade Organization (WTO) addressed related rights through the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The most recent international milestones include the signing of the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty (WPPT) in December 1996 which updated the rights of aural performers and phonogram producers and the Beijing Treaty on Audiovisual Performances in 2012, which extended similar protections to audiovisual performers previously excluded under the WPPT.2
- Who is a performer?
Performers are broadly defined as actors, singers, musicians, dancers, and other individuals who act, sing, recite, deliver, interpret, or otherwise perform literary or artistic works, including expressions of folklore.3 The Rome Convention adopts an especially wide interpretation of the term "performers," encompassing not only traditional artists such as actors, singers, musicians, and dancers, but also anyone who takes part in performing or interpreting literary or artistic works in any form.
- Rights granted to performers
Performers' rights are protected by granting them the legal authority to prohibit certain actions involving their performances without their consent. In this regard, performers are accorded the following exclusive rights in relation to their performances:
- Right of fixation of his unfixed performance
Performers have the right to prevent the fixation or recording of their live, unfixed performances. No film or sound recording of a performance may be made without the performer's consent. This protection enables performers to control the use of their performances and to derive a continuous source of income from their authorized exploitation.4
- Right of reproduction of the fixation of his performance
The right of reproduction grants performers control over the making of copies from a fixation or master recording of their performances. It gives them the exclusive authority to permit or prohibit the direct or indirect reproduction of their performances embodied in phonograms, regardless of the method or form used.5
- Right of distribution
Performers hold the exclusive right to authorize the distribution to the public of the original and any copies of their performances fixed in phonograms, whether through sale or any other transfer of ownership.6
- Right to broadcast or communicate to the public the unfixed performance
Performers possess the exclusive right to authorize the broadcasting or other forms of communication to the public of their unfixed (live) performances. It is important to note, however, that this right applies solely to live performances and does not extend to situations where the broadcast or public communication involves a performance that has already been fixed or previously broadcast.7
In the absence of an express agreement to the contrary, a performer's consent to the broadcasting of their performance is presumed to include consent for the authorized rebroadcasting of that performance, the fixation of the performance for broadcasting purposes, and the reproduction of such fixation for the same purposes.8
- Right of rental of fixation of his performance
Performers hold the exclusive right to authorize the commercial rental or lending to the public of the original and copies of their performances fixed in phonograms, regardless of who owns the rented or lent copy.9
- Right of making available of fixed performances
Performers possess the right to make their fixed performances available to the public. This right empowers them to authorize the public availability of their performances fixed in phonograms, whether by wireless transmission or by wire, in such a manner that members of the public may access the fixation of the performance from a place and at a time of their own choosing. This provision extends to on-demand services, allowing users, for instance, to select and view a performance from their homes on television or computer at a time convenient to them.10
- Exceptions to performer's rights
A performance, fixation of a performance or a reproduction of such a fixation may be used without the consent of the performer, where it is for the purpose of;
- Demonstration in good faith of radio or television receivers or recording or playback equipment to clients by a dealer in those receivers or that equipment on his premises
- Reproduction of short extracts from an object of performer's rights in reports on current events;
- Research or private study of an object of performer's rights kept in publicly accessible libraries, educational establishments, museums or archives, on the premises of the said institutions ;
- Reproduction for the benefit of people with a disability, which is directly related to the disability and of a non-commercial nature, to the extent required by the disability; and
- Making of an ephemeral recording of an object of performer's rights by broadcasting organizations by means of their own facilities and for their own broadcasts.11
- Protectable Performances
The qualification requirement exists for related rights in a similar way as for copyright. Not all performances will result in related rights protection and will automatically benefit from the rights provided in the Copyright Act. In order for a performance to attract protection under the Act, it must be a qualifying performance. A Performance is protected where;
- on the date of the performance, at least one of the performers is a citizen of, or habitually resident in, Nigeria, or
- the performance takes place or is first fixed in Nigeria or in a country which is a party to an obligation in a treaty or other international agreement to which Nigeria is party.12
- Conclusion
Related rights play a crucial role in complementing traditional copyright by extending legal protection to those whose creative, technical, and organizational efforts make the enjoyment of artistic and literary works possible. Performers, producers of phonograms, and broadcasting organizations are integral to the creative process, and the recognition of their rights ensures that their contributions are fairly acknowledged and economically rewarded.
The international framework shaped by instruments such as the Rome Convention, TRIPS Agreement, WIPO Performances and Phonograms Treaty (WPPT), and the Beijing Treaty on Audiovisual Performances provides a unified structure for the protection and enforcement of these rights. At the national level, adherence to these standards helps to strengthen the creative industry, encourage investment, and promote cultural development.
Ultimately, the protection of related rights not only empowers performers and other creative contributors but also fosters a balanced intellectual property system that supports innovation, fair compensation, and the continuous growth of the global entertainment and cultural sectors.
Footnotes
1 https://economie.fgov.be/en/themes/intellectual-property/intellectual-property-rights/copyright-and-related-rights
2 https://www.wipo.int/edocs/mdocs/arab/en/wipo_cr_krt_05/wipo_cr_krt_05_1a.pdf
3 Article 2 of Rome Convention for the protection of performers, producers of phonogram and broadcasting organisation 1961
4 Section 63(1)(a) of Copyright Act 2022
5 Section 63(1)(b) of Copyright Act 2022
6 Section 63(1)(c) of Copyright Act 2022
7 Section 63(1)(d) of Copyright Act 2022
8 Section 65(1) of Copyright Act 2022
9 Section 63(1)(e) of Copyright Act 2022
10 Section 63(1)(f) of Copyright Act 2022
11 Section 68 of Copyright Act 2022
12 Section 64(1) of Copyright Act 2022
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