19
Consequently, no provision in the present Title shall be interpreted in such a way as to
limit the exercise of copyright by the holders thereof.
ARTICLE 60 Subject to the provisions of Articles 69 to 71 of the present Law, a
performer shall have the exclusive right to prohibit or authorize the following acts:
- the broadcasting of his performance, except where the broadcast is made by
means of a fixation of the performance other than a fixation made under Article
70 of the present Law or where it is a retransmission authorized by the
broadcasting organization that was the first to transmit the performance;
- the communication to the public of his performance, except where such
communication is made by means of a fixation of the performance or a broadcast
of the performance;
- the fixation of his unfixed performance;
- the reproduction of a fixation of his performance;
- the first distribution to the public of a fixation of his performance by sale or by
any other act whereby ownership is transferred, sale not in itself being a transfer
of ownership;
- the rental to the public or public lending of a fixation of his performance;
- the making available to the public, by wire or wireless means, of his
performance fixed in a phonogram in such a way that members of the public may
access it from a place and at a time individually chosen by them.
ARTICLE 61 Authorization to broadcast a performance of a work shall not imply
authorization to permit other broadcasting organizations to broadcast the performance or
authorization to fix said performance.
ARTICLE 62 Authorization to broadcast and fix the performance shall not imply
authorization to reproduce the fixation.
ARTICLE 63 Authorization to fix the performance and to reproduce the fixation shall not
imply authorization to broadcast the performance by means of the fixation or of
reproductions thereof.
ARTICLE 64 Independently of a performer’s economic rights, and even after the
assignment of those rights, the performer shall, as regards his live sound performances or
performances fixed in phonograms, have the right to demand to be identified as the
performer of his performances, except where omission of such is dictated by the manner
of the use of the performance, and to object to any distortion, mutilation or other
modification of his performances that would be prejudicial to his reputation.
The moral rights of the performer shall be without limit in time. They shall be
imprescriptible, inalienable and transferable by reason of death to his heirs or conferred
on a third party by testament. They shall not be assignable intra vivos but may be
assigned by testament or by the effect of law by reason of death.