Federal Negarit Gazcta - No, 55
Federal Negant Gazeta - No, 5S
19" July. 2004", ""
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2/ A revocation in accordance with Sub Article
(l ) shall not be effected where the non
exercise or inadequate exercise of a right is
primarily due to circumstances which the
author can be expected to remedy.
3/ The right to revoke an assignment or a license
in accordance with Sub Article (1) shall not be
exercised earlier than 3 years from the date of
assignment or license or if the work is supplied
subsequently, from the date of delivery of the
work.
4/ Therlght of revocation referred to in Sub
Article (D of this Article may not be waived
in advance.
."
PART FIVE
PROTECTION OF PERFORMERS, PRODUCERS OF
SOUND RECORDINGS AND BROADCASTING
ORGANIZATIONS
26. Acts requiring authorization of performers
1/ Without prejudice to the provision' of Article
32 of this Proclamation, a performer shall
have the exclusive right to carry out or
authorize:
a) the broadcasting or other communication to
the public of his performance, except where
the broadcasting or the other communication:
i. is made', from a fixation of the
performance ,which the' performer has
authorized to be made; or
ii. is a rebroadcasting made or author
ized by the organization initially
broadcasting the performance;
b) the fixation of his unfixed performance,
c) the reproduction of a fixation of his
performance, in any manner or form,
d) making available the' first fixation of his
performance, or copies thereof;
e) rental or public lending of a fixation of his
performance, or copies thereof irrespective of
, the ownership ofthe copy rented,or lent;
t) making his, fixed performance available
to the public by wire or wireless means, in
such a way that members of the public may
have access to them from a place or at a time
individually chosen by them.
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Page
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2/ The provisions of Sub-Article (I) of this Article shall
not be applicable where' the performer has authorized
the incorporation of his performance in a visual or
audiovisual fixation.
3/
Notwithstanding the provision of Sub-Article (I) of
this Article, the performer can not forbid the
reproduction and the communication to the public of
his performance, if it is accessory to an event
constituting the principal subject of a scene, or of a
work, or of an audio-visual document.
4/ The performer independently of his economic
rights or even after the transfer of that right shall
have the right:
a) to be identified as the performer as regards his live
performances, the performances fixed in sound
recordings, except where omission is dictated by
the manner of the use ofthe performance.
b) object to any distortion, mutilation or other
modification of his performances that would be
prejudicial to his reputation.
c) the provision of Article 8 (2) and (3) shall apply
mutatis mutandis to the right of performers
granted in this Article.
5/ The right referred in this section shall be protected
until the end of the fiftieth Calendar year,
following the year in which the performance was
fixed in a sound recording or in the absence of
such fixation, from the end of the year in which
the performance took place.
27. Exclusive rights
recordings
of, producers of sound
1/ Without prejudice to the provisions of Article
28 of this proclamation, a producer of a
sound recording shall have the exclusive
right to Carry out or to authorize:
reproduction of his sound recordings, in any
manner or form;
b) importation of copies of his sound
recordings;
c) distribution to the public the original or
copies of his sound recordings, that have not
already been subject to a distribution
authorized by the producer, by sale or other
means of transfer of ownership
d) Rental or lending to the public a copy of the
sound recording, irrespective of the
ownership of the copy rented or lent.
a)