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situations provided for in Article 63. It shall be divided in half between the performers
and the producers of phonograms or videograms.
Article 109 – The rate of remuneration shall be established by specific agreements
for each branch of activity between the organizations representing performers, the
producers of phonograms and videograms and the persons using the phonograms
and videograms under the conditions stipulated in Article 108.
These agreements must specify the procedures whereby the persons using the
phonograms and videograms under these same conditions must discharge their
obligation to provide the copyright fee collection society with the exact programme of
the uses they are making of these phonograms and videograms and all the
documentary elements essential to the allocation of the fees.
The signing of these agreements may be made compulsory for all those concerned
by order of the Minister for Culture and Communication. The period of validity of
these agreements shall be between one and five years.
Article 110 – The application of Article 109 shall be fixed by order of the Minister for
Culture and Communication.
Article 111 – The remuneration specified in Article 108 shall be paid for and on
behalf of the author’s successors in title and shared out among them by the body
referred to in Article 124.
CHAPTER V
Rights of producers of videograms
Article 112 – A producer of videograms is a natural person or legal entity who takes
the initiative and the responsibility for the first fixation of a sequence of images, with
or without sound. Authorization from the videogram producer is 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
videogram. Article 38(2) and (3) shall apply by analogy. The rights of a producer of a
videogram recognized by virtue of the preceding paragraph, the rights of an author
and the rights of the performers at his disposal in the work fixed on this videogram
cannot be assigned separately. The duration of a videogram producer’s rights shall
be twenty years from the first of January of the calendar year following that of the
fixation.
CHAPTER VI
Rights of audiovisual communication companies
Article 113 – The fixing and reproduction of its programmes, together with the
distribution to the public by sale or by any other property transfer of their television
programmes or by rental or public lending, their rebroadcasting and their
communication to the public in a publicly accessible place against payment of an
entry fee, are subject to the authorization of an audiovisual communication company.
Article 38(2) and (3) shall apply by analogy to the distribution rights. The duration of
an audiovisual communication company’s rights shall be twenty years from the first of
January of the calendar year following that of the broadcast.