(v) “Phonogram producer” means the natural or legal person who is first to take the initiative
and responsibility for fixing sounds from a performance or other sounds.
(2) The definitions contained in Article1of Part One shall apply mutatis mutandis to this part
of the Decree.
Article 41: Scope of Application of the Decree
(1) The provisions of this Part of the Decree shall apply
(i) to performances where:
— the performer is a national of Niger;
— the performance takes place on the territory of Niger;
— the performance is fixed on a phonogram protected under this Part of the Decree;
— a performance which has not been fixed on a phonogram is incorporated in a broadcast
program protected under this Part of the Decree.
(ii) to phonograms where the producer is a national of Niger or the first fixation of the sounds
has been made in Niger;
(iii) to broadcast programs where the headquarters of the organization is located on the
territory of Niger or the broadcast program has been transmitted from a station located on the
territory of Niger.
(2) The provisions of this Part of the Decree shall also apply to performances, phonograms
and broadcast programs protected in light of the international agreements to which Niger is a
party, as long as the relevant provisions of the agreement so require.
Chapter II: Authorization Rights
Article 42: Authorization Rights of Performers
(i) the retransmission of his broadcast programs
(1) Subject to the provisions of Articles 46 to 49, a performer shall have the exclusive right to
carry out or authorize the following acts:
(i) the broadcasting of his performance, except where the broadcast:
— is made by means of a fixation of the performance other than a fixation made under Article
49; or
— is a retransmission authorized by the broadcasting organization that was the
first to transmit the performance;
(ii) the fixation of his non-fixed performance;
(iii) the reproduction of a fixation of his performance if:
-
the performance was originally fixed without his authorization; or
the reproduction is made for purposes different from those for which the
performers gave their consent;
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