Any authorization issued by a performer stating that he has retained the relevant rights or by a
person claiming to be duly accredited as a representative of the performers shall be considered
valid.
TITLE II: ACTS REQUIRING THE AUTHORIZATION OF PHONOGRAM PRODUCERS
Chapter I: AUTHORIZATION REQUEST REQUIREMENT
Article 75
None of the following acts may be carried out without the authorization of the phonogram
producer:
(a) the direct or indirect reproduction of copies of his phonogram;
(b) the importation of such copies for their distribution to the public;
(c) the distribution to the public of such copies by sale or any other transfer of property, or by rental;
(d) the making available to the public of his phonogram, by wire or wireless means, in such a way
that members of the public may access them from a place or at a time individually chosen by them.
Article 76
The term of protection afforded to phonograms under this part of the Act shall be 50 years,
beginning from the end of the year in which the phonogram was published, or, failing such a
publication within 50 years from the fixation of the phonogram, 50 years beginning from the end of
the year of the fixation.
Chapter II: EQUITABLE REMUNERATION FOR USE OF PHONOGRAMS
Article 77
If a phonogram published for commercial purposes, or a reproduction of such phonogram, is used
directly for broadcasting or other communication to the public, a single equitable remuneration for
the performers and the phonogram producer shall be paid by the user to that producer.
Article 78
Remuneration for use of a phonogram shall be shared as follows: 40 per cent shall be paid to the
producer and 60 per cent shall be paid to the performers. The performers shall share the amount
received from the producer or shall use it in accordance with agreements between the parties.
Chapter III: NOTICE OF PROTECTION OF PHONOGRAMS
Article 79
Subject to the sanctions provided for under Article 93, all copies of phonograms subject to sale or
the cases containing them shall bear a symbol (P), the letter “P” in a circle, alongside the year of the
first publication, affixed in a clear manner to show that the protection is reserved.
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