the nature of the technology (chemical, electronic or other) through which the recording is
effected. A still image extracted from an audiovisual work shall not be deemed a
photographic work, but a part of the audiovisual work concerned.
(viii) “Author” means the natural person who has created a work.
(ix) “Producer of a work” means the natural or legal person who takes the initiative and
assumes the responsibility of creating such work.
(x) “Producer of an audiovisual work” means the natural or legal person who takes the
initiative and the responsibility of having such work created.
(xi) “Broadcasting” means the communication of a work (including the presentation or
performance of a work) to the public by wireless transmission; “Rebroadcasting” means the
emission of a broadcast work. “Broadcasting” includes broadcasting by satellite which means
broadcasting from the injection of a work towards a satellite, including both the uplink and
downlink in the transmission, to the point where the work is communicated to the public.
Broadcasting shall also include communication of works by television.
(xii) “Communication of a work to the public” (including its presentation, performance
or broadcasting) means the fact of making a work accessible to the public by means other than
the distribution of copies. Any process required to make a work accessible to the public, and
which so permits, shall be a “communication” and a work shall be deemed “communicated to
the public” even if nobody in the public for which the work is intended actually receives it,
sees it or hears it.
(xiii) “Public communication by cable” means the communication of a work to the
public by wire or any other means constituted by a material substance.
(xiv) “Communication to the public” means the transmission by wire or wireless means
of the images, the sounds, or the images and sounds, of a work in such a way that they may be
perceived by persons outside the family circle or the immediate circle of friends in one or
more places sufficiently distant from the place of origin of the transmission that, without such
transmission, the images or the sounds cannot be perceived in such place, irrespective of
whether those persons may perceive the images or the sounds in the same place and at the
same time, or in different places and at different times.
(xv) “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.
(xvi) “Published” means that copies of the work have been made accessible to the
public with the consent of the author, by sale, rental or public lending or by any other transfer
of ownership or possession, on condition that, taking into account the nature of the work, the
number of such published copies is sufficient to meet the normal needs of the public. A work
shall also be considered “published” if it has been stored in the memory of a computer system
and made accessible to the public by any means of retrieval.
(xvii) “Reproduction” means the making of one or more copies of a work or of a part of
such work in any material form whatsoever, including sound and visual recordings. 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, as also the inclusion of a