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ARTICLE 65 Subject to the provisions of Articles 69 to 71 of the present Law, a
phonogram producer shall have the exclusive right to carry out or authorize the following
acts:
- the direct or indirect reproduction of his phonogram;
- the import of copies of his phonogram with a view to the distribution thereof to
the public;
- the first distribution to the public of copies of his phonogram 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 copies of his phonogram;
- the making available to the public, by wire or wireless means, of his 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 66 Subject to the provisions of Articles 69 to 71 of the present Law, a
broadcasting organization shall have the exclusive right to carry out or authorize the
following acts:
- the retransmission of its broadcast programs;
- the fixation of its broadcast programs;
- the reproduction of a fixation of its broadcast programs;
- the communication to the public of its television programs.
ARTICLE 67 The rights afforded to producers and broadcasting organizations under
Articles 64 and 65 of the present Law shall in no circumstances affect the rights of
authors or performers.
TITLE XI
EQUITABLE REMUNERATION FOR THE USE OF PHONOGRAMS
ARTICLE 68 Where a phonogram published for commercial purposes, or a reproduction
of such phonogram, is used directly for broadcasting or communication to the public, a
single equitable remuneration, intended both for the performers and for the producer of
the phonogram, shall be paid by the user to the organization responsible for collective
management provided for in Article 12 of the present Law.
The amount collected from the user of a phonogram shall be shared; 50 per cent shall go
to the producer and 50 per cent to the performers.
The performers shall share the amount received from the producer or shall use it in
accordance with the agreements that exist between them.
TITLE XII
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