(1)Notwithstanding the provisions of Articles 42 and 43, it shall be permitted to reproduce a
phonogram for the exclusive private use of the user without the authorization of the performe
r whose performance is fixed in the phonogram and without the authorization of the
phonogram producer, but against payment of an equitable remuneration to the performer and
producer.
(2) Paragraphs 2 to 4 of Article 21 shall also apply with regard to the equitable remuneration
referred to in paragraph 1 of this Article.
Chapter IV: Free Use
Article 47: Free Use: General
Notwithstanding the provisions of Articles 42 and 44, and subject to those of Article 46, the
following acts shall be permitted without the consent of the entitled persons referred to in
those Articles and without payment of remuneration:
(i) private use;
(ii) reporting on current events, on condition that use is made only of short fragments of a
performance, a phonogram or a broadcast program;
(iii) use solely for the purposes of teaching or scientific research;
(iv) quotations, in the form of short fragments, from a performance, a phonogram or a
broadcast program, on condition that such quotations comply with fair use and are justified
by their informatory aim;
(v) all other uses that constitute exceptions with respect to works protected by copyright
under this Decree.
Article 48: Free Use of Performances
Once performers have authorized the incorporation of their performances in fixations of
images or images and sounds, the provisions of Article 42 shall cease to apply.
Article 49: Free Use by Broadcasting Organizations
Notwithstanding the provisions of Articles 42 to 44, the following acts shall be permitted
without the authorization of the right holders mentioned in those articles and without the
payment of remuneration, when the fixation or reproduction is done by a broadcasting
organization using its own facilities and for its own programs, on the condition that
(i) for each broadcast of a fixation of a performance or of its reproductions, made under this
Article, the broadcasting organization shall be entitled to broadcast the performance
concerned;
(ii) for each broadcast of a fixation of a program, or of a reproduction of such fixation, made
under this Article, the broadcasting organization shall be entitled to broadcast the program;
(iii) for any fixation made under this paragraph or reproductions thereof, the fixation and its
reproductions shall be destroyed within a period having the same duration as that applying
to fixations and reproductions of works protected by copyright under Article 17 of this
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