Related rights cover works not deemed sufficiently original for copyright protection and protect artistic and organisational activities. Protection offered is not very wide reaching. Copyrights and related rights are independent of one another and may exist in parallel. The essential differences are the shorter term of protection – only 50 years from publication (or from recording if there is no publication) – and that the possibility, in certain cases, to transfer or sell related rights outright. However, for performing artists and producers of audio recordings the term of protection applicable as of the Amendment 2013 is 70 years from the initial release or public communication (broadcast, public performance or making it interactively available to the public) of the recording. If there is no release or publication, the term of protection remains at 50 years.
A composer writes a song for a pop singer. The copyright goes to the composer. If the pop singer records the song in a studio, a related right from the recording goes to her.
Performing artists are those who perform the works (actors, singers, musicians, ...), but the term also covers stage directors, choir masters and other artistic contributors.
The exploitation rights are the rights of fixing (recording), reproduction and distribution and the right of interactive communication. Artists only hold a right to broadcast if the film or audio recording has not been produced lawfully. Otherwise the right to broadcast is allotted to the producer. However, performing artists are entitled to remuneration.
Remuneration claims can only be made through a collecting society.
Recitation and performances given within an event may be recorded on video or audio media only with the consent of the promoter.
Producers of audio recordings
The producer or the recording engineer of a musical recording have a related right similar to that of the performing artist. With commercially produced audio recordings, the right accrues only to the owner of the business enterprise that initiates or produces the recording and bears the commercial risk.
Producers of audio recordings have a right of reproduction and distribution. They are only entitled to remuneration of a broadcast if the audio recording to be broadcast was acquired lawfully.
Generally, producers of audio recordings are the holders of remuneration claims. Performing artists involved in the production do not have a direct entitlement to remuneration but only a claim against the producer of the audio recording to a share in the remuneration.
The related rights of producers of audio recordings are alienable and transferable.
Radio and television broadcasters
Radio and television broadcasting business owners or enterprises also have a related right to the sounds and pictures broadcast by the enterprise (signal protection). The right of radio and television broadcasting businesses owners is also freely transferable.
Protection of photographs and motion pictures (photos and films)
For films or photos not sufficiently original to enjoy copyright protection, the person shooting the pictures has at very least, the related right to the pictures.
In the case of pictures produced commercially the rights are held again by the business enterprise, and otherwise by the person who shot the picture.
The individual exploitation rights are similar to copyright, however, direct copies of photographs made with a copying machine do not fall within the free use of works.
For commissioned works both the ordering party and the person portrayed may make copies even for sale purposes.
The related rights are transferable.