Legal protection of Neighboring rights of copyright in Palestine

In this study ،the researcher dealt with the legal protection of related rights of copyright in Palestine،especially in the light of the existence of the right of the British copyright law for the year1911 which is applied in Palestine،which didn’t address the rights related to copyright because this law is old،as the legislation in that period didn’t recognize owners of rights related to copyright.The recognition of the owner of the related copyright and the rights granted to them started with the appearance of the Rome convention for the year 1961 for the protection of performers،producers of phonograms and broadcasting organizations,prompting researcher to deal with this study based on a project of protecting copyrights and related Palestinian rights law for the year 2012 which is not acknowledged yet،and comparing what is in it with protecting the Egyptian intellectual property law No.(82) for the year 2002. This study aims to identify the related rights of copyright and identifying their owners and their relation to copyright and by reflecting the rights arising from each category of the owners of right related to copyright،including literary and financial rights arising from them،as well as ways to protect the civil and criminal rights.To achieve these goals the researcher dealt in the first part of this study with what rights related to copyright and that by dividing it into two sections،the first part dealt with the definition of rights related to copyright and their relationship to copyright as defined by scholars as well as definition cited by international laws and conventions and stated the nature of relationship between copyright and related rights and this shows that there is a complementary relationship between copyright and related rights.The researcher dealt in the second part with identifying owners of related rights of copyright and that through dealing with each category of related rights groups.The first section dealt with performers through identifying performers through their performance then pointing to performance categories like acting،singing،dancing..etc،then showed the conditions that must be provided by performer to acquire related rights،and later dealt with producers of sound recordings through the definition of sound recordings and then mentioned the definition of recording and showed forms of recordings that it could be on the disc or tapes or laser discs،and mentioned conditions that must be there so that the producer of sound recording acquire related rights،after that it dealt with broadcasting organizations،and that through mention the definition of broadcasting organization،radio and mentioning forms of radio which may be through wireless transmission or broadcast by satellite or via internet then shows the conditions that must be there to acquire related rights. Section two also dealt with rights given to owners of related rights and that through dealing with literary rights that given to owners of related rights through mentioning elements of literary rights that are given to performers.Then the researcher talked about characteristics of literay rights granted to performers .In the second chapter the researcher talked about financial rights that are granted to owners of related rights and that through mentioning the financial rights that are granted to each owner of the related rights,it also dealt with the financial rights that are granted to performers ,and duration of protection of financial rights for the protection of financial right for the performers and for the producers of phonograms،and duration of protection of financial rights then the financial rights for broadcasting organizations which is to allow or prevent re-broadcasting. In the second chapter، the researcher talked about the protection granted to owners of related rights of copyright and that through clarifying kinds of violation of related rights of coyright.This chapter was divided into two parts،the first part dealt with types of violation of the literary rights for the performer by adding or modifying some scenes and distortion of performance and violating the image of the performer or his voice.The second part dealt with kinds of assaults on financial rights granted to owners of related rights and that through intellectual piracy and copying. The researcher also dealt with measures taken to protect the rights granted to owners of related rights،the first part talked about the civil protection of the related rights and that through talking about the procedural protection of the related rights and its conditions and some types of it .Then it talked about the civil penalty and penal protection for the related rights and that through showing some kinds of violation of the related rights like the crime of copying and frauding ,then the researcher talked about penalties for violation of the related rights like imprisonment or paying fine and some of complementary penalties ,then finally at the conclusion،the researcher mentioned some results and recommendations.