Part VI
Protection of Neighbouring Rights of Performers
26. Performers shall have the following moral and economic rights:
(1) Moral Rights:
(a) to be named each time their performances are used, except in cases where this is
impracticable;
(b) to object to any distortion, mutilation or other derogatory action in relation to their
performances;
(2) Economic rights or the rights to authorize:
(a) the first broadcasting of their performances except for cases mentioned in section 33
or re-broadcasting;
(b) the communication to the public of their performances by wire or other material
carrier, except where it is made from a fixation of the performance or from a broadcast of
their performance, and the fixation of their unfixed performance.
Reproduction and Fixation of a Performance
27. There shall be a reproduction or fixation of a performance in the following cases:
(a) where the performance was initially fixed without the consent of performers;
(b) where the reproduction is made for purposes different from those for which the
performers gave their authorization;
(c) where the performance was initially fixed in accordance with the provisions of
section 33 but the remuneration is paid for different purposes;
(d) where the performance is by broadcast but the communication to the public is on
the basis of its fixation;
(e) where the performers have the right of remuneration for sound and audiovisual
recording because it was made for commercial purposes.
Remuneration
28. Performers and producers of the recordings shall be paid equitable remuneration as
agreed between the parties concerned.
Authorization by Group Performers
29. In the case of group performers the authorization shall be granted by the head of the
group or other representative duly authorized by the performers and the authorization shall be
in writing and signed by the parties concerned.