Article 49
Authorization Rights of Phonogram Producers
Subject to the provisions of Articles 52 and 54, a phonogram producer shall have the
exclusive right to carry out or authorize the following acts:
(i) the direct or indirect reproduction of his phonogram;
(ii) distribution to the public of copies of his phonogram by sale or by other transfer of
ownership or by rental.
Article 50
Authorization Rights of Broadcasting Organizations
Subject to the provisions of Articles 52 and 54, a broadcasting organization shall have
the right to carry out or authorize the following acts:
(i) the retransmission of its broadcast programs;
(ii) the fixation of its broadcast programs;
(iii) the reproduction of a fixation of its broadcast programs;
(iv) communication to the public of its television programs.
Chapter III
Equitable Remuneration
for the Use of Phonograms
Article 51
Equitable Remuneration for Broadcasting
or Communication to the Public
(1) Where a phonogram published for commercial purposes, or a reproduction of such
phonogram, is used directly for broadcasting or communication to the public, an equitable
single remuneration, intended both for the performers and the producer, shall be paid by the
user to the national collective rights administration body.
(2) The amount collected for the use of a phonogram shall be shared between the
producer and the performers. The latter shall share the amount received or will use it in
accordance with the agreements that exist between them.
Chapter IV
Free Use
Article 52
Free Use: General
Notwithstanding the provisions of Articles 48 to 51, the following acts shall be
permitted without the consent of the entitled persons referred to in those Articles and without
payment of remuneration:
(i) private use subject to the provisions of Article 58;
(ii) reporting on current events, on condition that use is made only of short fragments of
a performance, a phonogram or a broadcast program;