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shall apply by analogy. This authorization and the remunerations arising from it shall
be fixed by a contract signed by the producer and the performer.
The duration of a performer’s proprietary rights is fifty years from the first of January
of the calendar year following that of the performance, in the case of performances
that are not fixed on phonograms or videograms, or, for performances fixed on the
latter, the calendar year following that of the fixation.
Article 104 – This contract shall set separate remuneration for each form of
exploitation of the work.
Article 105 – Where neither the contract nor a collective agreement mentions
remuneration for one or more forms of exploitation, the level of said remuneration
shall be fixed by reference to rates established by means of specific agreements
entered into, in each sector of activity, between the performers’ organizations and
producers representing the profession.
Article 106 – Any dispute between two or more parties to a contract concerning the
application of Article 103, which is not settled by negotiation, shall, at the request of
one of the parties to the dispute, be referred to a civil court for a ruling on it.
CHAPTER III
Rights of producers of phonograms
Article 107 – The producer of a phonogram is the natural person or legal entity who
takes the initiative and the responsibility for the first fixation of a sound sequence.
Authorization from the phonogram producer shall be required before any direct or
indirect reproduction, distribution to the public by sale, or by any other property
transfer, or by rental or public lending, or communication to the public of his
phonogram other than those referred to in Article 108. Except in relation to the
lending right, Article 38(2) and (3) shall apply by analogy to distribution rights. The
duration of a phonogram producer’s rights shall be fifty years from the first of January
of the calendar year following that of the fixation.
CHAPTER IV
Provisions common to performers and to
the producers of phonograms and videograms
Art. 108 – Where a phonogram or videogram has been published for commercial
purposes, the performer and the producer cannot oppose:
1) its direct or indirect communication in a public place, provided it is not used in
entertainment;
2) its broadcast, or the full, simultaneous distribution of this broadcast by cable.
These uses for commercial purposes of public phonograms and videograms fixed in
Madagascar, subject to agreements and treaties signed, entitle performers and
producers to remuneration.
This so-called equitable remuneration shall be paid by the persons who use the
phonograms and videograms published for commercial purposes under the
conditions laid down in paragraphs 1 and 2 of this article. It shall be based on the
proceeds from the exploitation or, failing that, shall be assessed as a lump sum in the