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CHAPTER VII
Limitation of the rights of the holders of related rights
Article 114 – Performers cannot prohibit the reproduction or public communication of
their performance where this is incidental to an event constituting the main subject of
a sequence of a work or of an audiovisual document.
Article 115 – The beneficiaries of rights granted in this title cannot prohibit:
1) private performances given free of charge and exclusively within the family circle;
2) reproductions strictly reserved for the private use of the person making them and
not intended for collective use;
3) subject to sufficient elements to allow the identification of the source:
– analyses and short quotations warranted by the critical, polemical, pedagogical,
scientific or informative nature of the work into which they are incorporated;
– reviews in the press;
– the dissemination, even in full, by way of giving information on current events, of
speeches intended for the public in political, administrative, judicial or academic
assemblies, or in public meetings of a political nature or official ceremonies;
4) parody, pastiche or caricature, taking into account the laws of the genre.
BOOK III
GENERAL PROVISIONS
TITLE ONE
REMUNERATION FOR PRIVATE COPYING AND REPROGRAPHY
SINGLE CHAPTER
Article 116 – The authors and performers of works fixed on phonograms or
videograms, and the producers of these phonograms or videograms, are entitled to
remuneration for the reproduction of the said works carried out under the conditions
specified in Article 43(4) and Article 115(2). Authors are entitled to remuneration for
the reprographic reproduction of their works carried out under the conditions
specified in Article 43(4).
Article 117 – Subject to international agreements, the right to remuneration referred
to in Articles 108 and 116 is shared between the authors, performers and producers
of phonograms or videograms for phonograms and videograms fixed for the first time
in Madagascar.
Article 118 – Remuneration for private copying and reprography, under the
conditions specified below, shall be assessed in accordance with the lump-sum
method provided for in Article 63(2).
Article 119 – The remuneration specified in Article 118 shall be paid by the
manufacturer or importer of reproduction machines, including reproduction machines
and recording media that can be used for the reproduction for private use of works
and objects protected by related rights fixed on phonograms or videograms, at the
time of entry at the border for importers and at the time of putting into circulation in
Madagascar for local manufacturers. The amount of the remuneration shall be based