the performance was originally fixed in accordance with the provisions of Articles
46 to 49, but the reproduction is made for purposes different from those referred to in those
Articles.
(2) Unless otherwise agreed,
(i) the broadcasting authorization shall not imply authorization to permit other broadcasting
organizations to transmit the performance;
(ii) the broadcasting authorization shall not imply authorization to fix the performance;
(iii) the authorization to broadcast and fix the performance shall not imply authorization to
reproduce the fixation;
(iv) the authorization to fix the performance and to reproduce the fixation shall not imply
authorization to broadcast the performance by means of the fixation or of its reproductions.
Article 43: Authorization Rights of Phonogram Producers
Subject to the provisions of Articles 46, 47 and 49, a phonogram producer shall have the
exclusive right to carry out or authorize the following acts:
(i)
the direct or indirect reproduction of copies of his phonogram;
(ii)
the importation of such copies with a view to their distribution to the public;
(iii)
distribution to the public of such copies
Article 44: Authorization Rights of Broadcasting Organizations
Subject to the provisions of Articles 47 and 49, a broadcasting organization shall have the
exclusive right to carry out or authorize the following acts:
(i) the retransmission of its broadcast programs;
(ii) the fixation of its broadcast programs;
(iii) the reproduction of a fixation of its broadcast programs when:
-
the reproduction is made using an unauthorized fixation
the broadcast program was originally fixed in accordance with the provisions of Articles
47 and 49 but the reproduction is made for purposes different from those referred to in
those Articles.
Chapter III: Equitable Remuneration for the Use of Phonograms
Article 45: Equitable Remuneration for Broadcasting
(1) Where a phonogram published for commercial purposes, or a reproduction of such
phonogram, is used directly for broadcasting or communication to the public, an equitable
single remuneration, intended both for the performers and the producer, shall be paid by the
user to that producer.
(2) The amount collected for the use of a phonogram shall be shared between the producer
(50 per cent) and the performers (50 per cent). The performers shall share the amount
received from the producer or shall use it in accordance with the agreements that exist
between them.
Article 46: Equitable Remuneration for Private Reproduction
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