Người biểu diễn được bảo hộ những quyền gì?

Người biểu diễn được xác định là người trình bày các tác phẩm văn học, nghệ thuật (của mình hoặc của người khác) bao gồm vũ công, diễn viên, ca sĩ, nhạc công và một số đối tượng khác. Theo quy định của luật Sở hữu trí tuệ, những chủ thể này là các đối tượng được hưởng quyền liên quan và được bảo hộ.

Cũng giống như quyền tác giả, quyền liên quan cũng bao gồm quyền nhân thân và quyền tài sản nhưng nội dung của các quyền này không giống nhau. Trong đó:

            Quyền nhân thân của người biểu diễn được xác định bao gồm:

* Quyền được giới thiệu tên khi biểu diễn, khi phát hành bản ghi âm, ghi hình, phát sóng cuộc biểu diễn. Quyền này có ý nghĩa quan trong giúp người biểu diễn bằng tài năng khẳng định được tên tuổi của mình trước công chúng.

* Quyền bảo vệ sự toàn vẹn hình tượng biểu diễn. Theo đó, các hành vi sửa chữa, cắt xén hoặc xuyên tạc dưới bất kỳ hình thức nào gây tổn hại đến danh dự, uy tín của người biểu diễn thì sẽ bị coi là hành vi xâm phạm quyền liên quan và bị xử lý.

            Quyền tài sản của người biểu diễn được xác định bao gồm:

* Quyền định hình cuộc biểu diễn trực tiếp của mình trên bản ghi âm, ghi hình.

* Sao chép trực tiếp hoặc gián tiếp cuộc biểu diễn của mình đã được định hình trên bản ghi âm,ghi hình.

* Quyền phát sóng hoặc truyền theo cách khác đến công chúng cuộc biểu diễn của mình chưa được định hình mà công chúng có thể tiếp cận được,trừ trường hợp cuộc biểu diễn đó nhằm mục đích phát sóng.

* Quyền phân phối bản gốc và bản sao cuộc biểu diễn của mình cho công chúng thông qua các hình thức như bán, cho thuê hoặc bằng các phương tiện kỹ thuật khác để công chúng có thể tiếp cận được cuộc biểu diễn đó.

            Các quyền tài sản này có thể do người biểu diễn thực hiện hoặc cho phép người khác thực hiện và phải trả thù lao cho người biểu diễn theo thỏa thuận trong hợp đồng hoặc theo quy định của pháp luật.

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