(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
totality of the work so that it is impossible to identify the various
contributions and the authors thereof.
“Communication” of a work (including the display, performance or
broadcast thereof) “to the public” means the making of the work available to
the public through means other than the distribution of copies. The whole
process which is needed for, and leads to, the making available of the work
to the public is “communication,” and the work shall be considered
“communicated” even if no member of the public to which it was to be made
available actually receives, watches or listens to the work.
“Communication to the public by cable” means the communication of a
work to the public over wire or other paths provided by a material
substance.
“Computer program” means a set of instructions expressed in words,
codes, schemes or in any other form, which is capable, when incorporated
in a machine-readable medium, of causing a “computer”—an electronic or
similar device having information-processing capabilities—to perform or
achieve a particular task or result.
A “copy” means the result of any act of reproduction.
“Expressions of folklore” mean productions of characteristic elements of the
traditional artistic heritage developed and maintained by a community or by
individuals reflecting the traditional artistic expectations of a community,
including folk tales, folk poetry, folk songs, instrumental folk music, folk
dances and plays, artistic expressions of rituals and productions of folk art.
To “perform” a work means to recite, play, dance or act it, either directly or
by means of any device or process, or, in the case of an audiovisual work,
to show its images in any order and/or to make the sounds accompanying it
audible.
A “photographic work” means the recording of light or other radiation on
any medium on which an image is produced or from which an image may
be produced, irrespective of the technique (chemical, electronic or other) by
which such a recording is made. A still picture extracted from an
audiovisual work shall not be considered a “photographic” work but a part
of the audiovisual work concerned.
The “producer” of an audiovisual work means the natural or legal person
who takes the initiative and responsibility for making the work.
“Communication to the public” means the transmission by wire or by radio
waves of the image, sound, or the image and sound, of a work in such a
way that it may be perceived by persons outside the normal circle of a
family and its close acquaintances gathered in one or more places so
distant from the place where the transmission originates that, without the
transmission, the images or sounds would not be perceivable and, further,
irrespective of whether the persons can receive the images or sounds at
the same place and time, or at different places and/or times.
“Public performance” means the fact of reciting, playing, dancing or
otherwise performing a work either directly or through any device or
process or, in the case of an audiovisual work, of showing the images in
sequence or of making the accompanying sounds audible in one or more
places where persons outside the family circle or the immediate circle of
friends are or may be present, irrespective of whether they are or may be
present in the same place and at the same time or in different places and at
different times, where the performance may be perceived without there
necessarily being communication to the public within the meaning of the
preceding paragraph.
“Published” means that copies of the work have been made accessible to
the public with the consent of the author on condition that, taking into
2