Related rights

Neighbouring rights are the rights recognised, alongside copyright, to certain auxiliaries of creation who are not authors but whose performance or investment deserves protection. They are governed by Book II of the Intellectual Property Code, which can be consulted on Légifrance. Neighbouring rights do not prejudice authors’ rights and may not be interpreted so as to limit their exercise.

The holders of neighbouring rights

First, performers, who have a moral right in their performance and an economic right to authorise its fixation, reproduction and communication to the public. Next, producers of phonograms and videograms, who took the initiative and responsibility for the first fixation. Then audiovisual communication undertakings, for their programmes. Finally, since 2019, press publishers and agencies, who enjoy a neighbouring right in the reproduction and communication to the public of their publications by online public communication services, derived from the Directive on copyright in the Digital Single Market.

The regime of neighbouring rights

Economic neighbouring rights last in principle fifty years from the performance, fixation or communication to the public, this term being extended to seventy years for performances fixed in phonograms and for phonogram producers where the phonogram has been published. The press publishers’ neighbouring right lasts two years. Certain uses, such as the broadcasting of commercial phonograms, fall under a statutory licence with equitable remuneration managed collectively. The exceptions applicable to copyright, such as short quotation or private copying, apply to neighbouring rights.

Key points

In practice, neighbouring rights come into play in production, distribution and broadcasting contracts, and in negotiations between press publishers and digital platforms, where competition law has played an important role. Their violation is sanctioned by an action for Infrigement, with the same measures as in copyright. The firm handles these issues as part of its practice in literary and artistic property.