7
CHAPTER II
Proprietary rights
Article 30 – The exploitation right belonging to the author includes the right of
exploitation in intangible form and the right of exploitation in tangible form, in
particular the right of performance and the rights of reproduction, distribution and
exhibition to the public.
Article 31 – Performance consists in particular of the communication of the work to
the public using any procedure, public performance, radio broadcasting and
rebroadcasting.
Article 32 – “Communication to the public” is transmission other than that defined in
Article 34, of the image, the sound or a work in such a way that they can be
perceived by persons outside of a family and its immediate circle who are in a place
or places sufficiently distant from the place in which the transmission originates for
the image or sounds not to be perceptible in this place or places without the
transmission, it being of little significance in this context whether these persons can
perceive the image or the sound in the same place at the same time, or in different
places and at different times.
Article 33 – “Public performance” is the fact is reciting, acting, dancing, presenting or
otherwise interpreting a work, either directly or by means of any mechanism or
procedures, or in the case of an audiovisual work, showing its series of images or
making public the sounds that accompany them, in one or more places where there
are, or may be, persons outside of a family and its immediate circle, it being of little
significance in this context whether they are or may be in the same place at the same
time, or in different places and at different times, where the presentation or
performance may be perceived without there necessarily being communication to the
public within the meaning of the preceding within the meaning of the preceding
article.
Article 34 – A “radio broadcast” is the wireless or cable transmission of a work to the
public. “Rebroadcasting” is the redistribution by wireless or cable of a work broadcast
by radio. Radio broadcast includes radio broadcasting by satellite which is radio
broadcasting by transmitting a work to a satellite, including both ascent and descent
phases, while it is not necessarily received by it.
Article 35 – “Reproduction” is the making of one or more copies of a work or part of it
by any procedure in any tangible form whatsoever, including sound and visual
recording. The making of one or more three-dimensional copies of a two-dimensional
work and the making of one or more two-dimensional copies of a three-dimensional
work, and the inclusion of a work or of part of it in a computer system (either in the
internal information storage unit or in an external information storage unit of a
computer) also constitute “reproduction”.
Article 36.— The “reprographic reproduction” of a work is the making of copies of the
work in original facsimiles or copies of the work using means other than painting,