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musician, dancer or other person who presents, sings, recites, declaims, plays or in
any other way performs a literary or artistic work or a variety or circus act or puppet
show.
(2) Moral rights
(a) the performer shall be entitled to respect for his name and his status;
(b) he shall have the right to object to any distortion, mutilations or other
modifications made to performances that are prejudicial to the performer’s reputation;
(c) this inalienable and imprescriptible right shall belong to him personally.
(d) it shall be transferable to his heirs for the protection of the performance and of
the deceased’s
memory.
(3) Economic rights
Performers shall have the exclusive right to carry out or authorize the performance of
any of the following acts:
• (a) broadcast and communication to the public of their unfixed performances;
• (b) the first fixation of their performance in a phonogram;
• (c) the reproduction in any manner or form of their performance fixed in a
phonogram.
Art.62. Phonogram producers’ rights
(1) Definitions
• (a) A phonogram shall be any exclusively aural fixation of sounds of a performance
or of other sounds or performances of sounds, other than in the form of a fixation
incorporated in an audiovisual work.
• (b) A phonogram producer means the natural person who, or the legal entity which,
first takes the initiative to and responsibility for fixing the sounds from a performance
or other sounds or performances of sounds.
(2) Phonogram producers shall have the exclusive right to perform or authorize the
performance of any of the following acts:
• (a) direct or indirect reproduction of their phonograms in any manner or form;
• (b) commercial renting of their phonogram.
Art.63. Broadcasting organizations’ rights
Broadcasting organizations shall have the exclusive right to perform or authorize the
performance of any of the following acts:
• (a) fixation of their broadcast programs;
• (b) reproduction of a fixation of their broadcast programs;
• (c) rebroadcast of their broadcast programs.
Art.64. Term of protection
(1) Performers
The rights mentioned in Article 61 shall be protected for a period of 50 years from:
• (a) the end of the year of fixation, for performances fixed on phonograms;
• (b) the end of the year when the performance took place, for performances that are
not fixed on phonograms.
(2) Phonogram producers
The rights mentioned in Article 62 shall be protected for a period of 50 years from the
end of the year when the phonogram was published or, if the publication does not
take place within 50 years from the fixation of the phonogram, 50 years from the end
of the year of fixation.
(3) Broadcasting organizations
The rights mentioned in Article 63 shall be protected for a period of 25 years from the
end of the year when the broadcast takes place.