Skip to main content
(v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) totality of the work so that it is impossible to identify the various contributions and the authors thereof. “Communication” of a work (including the display, performance or broadcast thereof) “to the public” means the making of the work available to the public through means other than the distribution of copies. The whole process which is needed for, and leads to, the making available of the work to the public is “communication,” and the work shall be considered “communicated” even if no member of the public to which it was to be made available actually receives, watches or listens to the work. “Communication to the public by cable” means the communication of a work to the public over wire or other paths provided by a material substance. “Computer program” means a set of instructions expressed in words, codes, schemes or in any other form, which is capable, when incorporated in a machine-readable medium, of causing a “computer”—an electronic or similar device having information-processing capabilities—to perform or achieve a particular task or result. A “copy” means the result of any act of reproduction. “Expressions of folklore” mean productions of characteristic elements of the traditional artistic heritage developed and maintained by a community or by individuals reflecting the traditional artistic expectations of a community, including folk tales, folk poetry, folk songs, instrumental folk music, folk dances and plays, artistic expressions of rituals and productions of folk art. To “perform” a work means to recite, play, dance or act it, either directly or by means of any device or process, or, in the case of an audiovisual work, to show its images in any order and/or to make the sounds accompanying it audible. A “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, irrespective of the technique (chemical, electronic or other) by which such a recording is made. A still picture extracted from an audiovisual work shall not be considered a “photographic” work but a part of the audiovisual work concerned. The “producer” of an audiovisual work means the natural or legal person who takes the initiative and responsibility for making the work. “Communication to the public” means the transmission by wire or by radio waves of the image, sound, or the image and sound, of a work in such a way that it may be perceived by persons outside the normal circle of a family and its close acquaintances gathered in one or more places so distant from the place where the transmission originates that, without the transmission, the images or sounds would not be perceivable and, further, irrespective of whether the persons can receive the images or sounds at the same place and time, or at different places and/or times. “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 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 preceding paragraph. “Published” means that copies of the work have been made accessible to the public with the consent of the author on condition that, taking into 2

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents