3
• "photographic work" means the recording of light or other radiation on any medium on
which an image is produced or from which an image may be produced, whatever the
nature of the technology (chemical, electronic or other) through which the recording is
made. An extract from a work means a part taken from the work, whether or not the
source is mentioned. An extract shall not be deemed a work, whatever the mode of
extraction used;
• "posthumous work" means a work made accessible to the public after the death of the
author;
• "producer of an audiovisual work" means the natural or legal person who or which
takes the initiative and the responsibility of creating such work;
• "phonogram producer" means the natural or legal person who or which takes the
initiative and assumes the responsibility for the first fixation of the sounds of a
performance or other sounds, or representations of sounds;
• "computer program" means a set of instructions expressed in words, codes, schemes or
any other form capable, once incorporated in a machine-readable medium, of having a
task carried out or a particular result achieved by a computer or by an electronic process
capable of processing information;
• "published" refers to a work or a phonogram, copies of which have been made
accessible to the public, with the consent of the author in the case of a work, or with the
consent of the producer in the case of a phonogram, for sale, rental or public lending or
for any other transfer of ownership, in sufficient numbers to meet the normal needs of the
public;
• "broadcasting" means the communication of a work, a performance or a phonogram to
the public by wireless transmission, including transmission by satellite;
• "public performance" means the fact of reciting, playing, dancing or otherwise
performing a work, either directly or through any device or process or, in the case of an
audiovisual work, of showing the images thereof in sequence or of making the
accompanying sounds audible in one or more places where persons outside the family
circle or the immediate circle of friends are or may be present, irrespective of whether
they are or may be present in the same place and at the same time or in different places
and at different times, where the performance may be perceived without there necessarily
being communication to the public within the meaning of the present Article;
• "to perform" a work means to recite it, play it, dance it or perform it, either directly or
by any device or process or, in the case of an audiovisual work, to show the images
thereof in any sequence whatsoever or to make the sounds accompanying it audible;