PART TWO
RIGHTS OF PERFORMERS,
PRODUCERS OF PHONOGRAMS
AND BROADCASTING ORGANIZATIONS
(RELATED RIGHTS)
Chapter I
Introductory Provisions
Article 46
Definitions
The following terms and their alternatives as used in this part of the Annex shall have
the following meanings:
(i) “Performers” means the actors, singers, musicians, dancers and other persons who
perform, sing, deliver, play in or otherwise perform literary or artistic works or expressions of
folklore.
(ii) “Copy of a phonogram” means any material medium containing sounds reproduced
directly or indirectly from a phonogram and which incorporate all or a substantial part of the
sounds fixed on such phonogram.
(iii) “Fixation” means the incorporation of sounds, images or of sounds and images in a
material medium that is permanent or sufficiently stable to permit their perception,
reproduction or communication in any manner whatsoever during a period of time that is
more than provisional.
(iv) “Phonogram” means any exclusively sound fixation of sounds from a performance
or of other sounds.
(v) “Phonogram producer” means the natural or legal person who is first to take the
initiative and responsibility for fixing sounds from a performance or other sounds.
(2) The definitions contained in Article 2 of Part One of this Annex shall apply mutatis
mutandis to this Part.
Article 47
Scope of Application of the Law
(1) The provisions of this Part of the Annex shall apply
(i) to performances where
— the performer is a national of one of the member States of the Organization,
— the performance takes place on the territory of one of the member States of the
Organization,
— a performance which has not been fixed on a phonogram is incorporated in a
broadcast program protected under this Part of the Annex;
(ii) to phonograms where
— the producer is a national of one of the member States of the Organization or
— the first fixation of the sounds has been done in one of the member States of the
Organization;