of the producer’s rights as well. Finally, if the copies of phonograms or their cases do not
allow to either identifying main performers, mention should also include the name of the
owner’s rights of these artists in the country where the fixing took place.
Article 245: Rights of broadcasting organizations
Subject to the provisions of articles 247 to 249, a broadcasting organization shall have the
exclusive right to carry out or to authorize any of the following acts:
1° the rebroadcast of its broadcast;
2° the fixation of its broadcast;
3° the reproduction of a fixation of its broadcast;
4° the communication to the public of its broadcast on television.
CHAPTER II: EQUITABLE REMUNERATION FOR USE OF PHONOGRAMS
Article 246: Equitable remuneration for broadcasting and communication to the public
If a phonogram published for commercial purposes, or a reproduction of such phonogram, is
used directly for broadcasting or other communication to the public, or is publicly performed,
a single equitable remuneration for the performer or performers and the producer of the
phonogram shall be paid by the user to the producer.
Remuneration for use of the phonogram shall be shared as follows:
1° 50% shall be paid to the producer of the phonogram;
2° the remaining 50% shall be paid to the performers.
Performers shall share the amount paid by the producer of the phonogram following the
agreement between the parties.
The right to an equitable remuneration under this article shall subsist from the date of
publication of the phonogram until the end of the fiftieth calendar year following the year of
publication, or where the phonogram is not published from the date of fixation of the
phonogram until the end of the fiftieth calendar year following the year of fixation.
For the purposes of this article, phonograms that have been made available to the public by
wire or wireless means in such a way that members of the public may access them from a
place and at a time individually chosen by them shall be considered as if they have been
published for commercial purposes.