Related Rights

Related rights protect those who do not create the work but perform, record or broadcast it. LIAW Article 80 describes them as “rights neighbouring the author’s rights”, exercised without prejudice to the author’s moral and economic rights.

Right Holders

• Performers: Singers, musicians, actors and dancers who interpret or perform a work. They control fixation, reproduction, distribution and communication to the public of their performances, and also have moral rights such as attribution.
• Phonogram producers: Those who first make sound recordings. Reproduction, distribution and communication of the recordings require their permission.
• Film producers: Producers who make the first fixation of a film.
• Broadcasting organisations: They control the rebroadcasting, fixation and reproduction of their broadcasts.

Term

Related rights last seventy years from the date of the performance, fixation or broadcast (LIAW Article 82).

In Practice

Commercial use of music, film and broadcast content usually requires the consent of both the author and related right holders. Playing music in cafés, hotels and shops, or using commercial music in social media content, therefore involves several layers of permission. These rights are mostly managed through collective management organisations. Music libraries offered by social media platforms are generally licensed for personal use only; advertising and commercial content may need separate permission.