means, in such a way that members of the public may access them from a
place or at a time individually chosen by them.
prejudicial to his reputation.
(2)
(a) Subsection (1) shall not apply where the performer has authorised the
incorporation of his performance in an audiovisual fixation.
(b)
Unless otherwise agreed in writing, the performer shall be deemed to have
assigned his exclusive economic rights with respect to the fixation to its producer.
(3)
The right of distribution under subsection (1)(d) shall not apply to a fixed copy of a
fixation of his performance that has already been subject to a sale or other transfer of ownership
authorised by the performer in any country.
(4)
(a) Notwithstanding the economic rights of the performer, and even after the
transfer of those rights, the performer shall have the right to —
(i)
claim to be identified as the performer of his performances, except
where omission is dictated by the manner of the use of the performance;
and
(ii) object to any distortion, mutilation or other modification of his
performances that would be
(b)
Modifications consistent with the normal exploitation of a performance in the
course of a use authorised by the performer shall not be considered prejudicial to the
performer’s reputation.
(5)
The rights under this section shall be protected until the end of the fiftieth calendar
year following the year in which the performance was fixed.