Performing Rights Organization

Performing Rights Organization

Introduction

Performing rights organizations (PROs) provide intermediary functions, such as collecting societies between rights holders and those who want to publicly copyrighted works, such as shops and restaurants. Legal purchase of consumer activities, such as buying a CD from a music store, giving the right of private action. PROs usually only collected when using royalties work related to the organization. License fees, which are necessary for the job, the organization of how theater and radio, as a rule, in agreement with the owners. Professionals are called in some countries, collecting societies collecting societies or collective right more general than the defense, because it is not limited to services and includes the reproductive rights organization (ODA). ODA represents the work of the media, like CD, cassette or computer file, not the spread of the use of works in public places (Blakeney, 2000).

The performing rights are resulting from the creation of a power law author, his work itself publicly performs or to have it performed by a third party or to determine its performance or non-performance.

This right does the author in a personal capacity. He may be in its perception by a publisher and / or a collecting society to be represented. A publisher takes depends on the contractual arrangements with the author, the perception of the copyright interests in respect of the entire oeuvre of pieces based on or individual contracts. The statutory regulations apply can be found in copyright and publishing law. In addition, international protection agreements are valid.

History

Historical Development

The right to intellectual property is a branch of law which aims to expand. There is a contradiction between the intellectual property laws and state laws. They are limited to the territory and the fact that the information is designed to circulate in the world.

Since its invention, intellectual property is divided into two categories:

Industrial property: inventions, patents, trademarks, industrial designs and geographical indications of origin;

Copyright: literary and artistic works. Rights related to copyright are the rights of performers in their performances, the rights of producers of phonograms in their recordings and the rights of broadcasting organizations in their radio and television.

Countries have thought very quickly to implement international conventions to facilitate the passage of information. At the end of the 19th century, two international conventions were implemented:

The Paris Convention of 1983, which now includes 169 states. This agreement addresses the rights of industrial property.

The Berne Convention of 1986 for the protection of literary and artistic property which now comprises of 160 countries.

These agreements have provided a universal possibility for Member States to conclude among themselves special agreements as they apply only to certain rights of industrial property, literary and artistic creations (Blakeney , 1999).

Historical Tension between Economic Rights and Intellectual Property Rights

The production of comparable products as against the intellectual property refers to the unauthorized use, reproduction, or distribution of protected material such as technological products, machines, computer software, or movies. It has become an increasing concern in recent years because of the rise of the globalization with which products can be produced globally with the same ...