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Article 70 – Save as otherwise provided:
1) Authorization for the terrestrial broadcast of a work does not include distribution of
this broadcast by cable, unless it is done simultaneously and fully by the body that
has received this authorization and without any extension of the geographical area
stipulated in the contract.
2) Authorization to broadcast a work is not the equivalent of authorization to
communicate the broadcast of this work in a place accessible to the public.
3) Authorization for the terrestrial broadcast of a work does not include its broadcast
to a satellite allowing this work to be received through the intermediary of third-party
bodies, unless the authors or their successors in title have contractually authorized
these bodies to communicate the work to the public; in this case, the broadcasting
body shall be exempt from paying any remuneration.
4) The authorization to broadcast does not imply authorization to record the
broadcast work using instruments that record sound and images. In exceptional
cases, however, on account of the national interest they represent or their
documentary nature, certain recordings may be authorized. The procedures for
making these recordings and using them shall be laid down by the parties or, where
there is no agreement, by a decision signed by the Minister for Culture and
Communication. These recordings may be stored in the official archives.
Article 71 – An impresario is obliged to declare to the author or his representatives
the exact programme of public presentations or performances and to provide them
with documentary evidence of his takings therefrom. He must pay the amount of the
royalties stipulated on the due dates specified, directly to the author or his
representatives. Municipalities, however, for local public fairs, and community
education associations approved by the Minister for Education, for sessions
organized by them in the context of their work, must enjoy a reduction of these
royalties.
Article 72 – An impresario must ensure that the public presentation or performance
takes place in technical conditions that ensure respect for the intellectual and moral
rights of the author.
SECTION II
Publishing contract
Article 73 – A publishing contract is an agreement whereby the author of an
intellectual work or his successors in title assign on specified conditions to a person
known as the publisher the right to make or have made multiple copies of the work,
on condition that he publishes and distributes them.
Article 74 – A contract for publication at the author’s expense does not constitute a
publishing contract within the meaning of Article 73. Under this kind of agreement,
the author or his successors in title pay the publisher agreed remuneration, on
condition that the latter makes multiple copies of the work in accordance with the
modes of expression specified in the contract, and publishes and distributes them.
This type of agreement constitutes a work contract governed by convention, custom
and the provisions of Articles 1787 ff. of the Civil Code.