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on the type of the reproduction machine, including reprographic machines, and for
phonograms and videograms it shall be based on the medium and the length of the
recording it allows.
Article 120 – The types of medium, the remuneration rates and the procedures for
paying the remuneration shall be determined by a commission presided over by the
Minister for Culture and Communication and composed in addition as follows:
– half shall consist of persons appointed by organizations representing the
beneficiaries of the remuneration right,
– one-sixth shall consist of persons representing the body administering copyright
and related rights,
– one-sixth shall consist of persons appointed by the organizations representing the
manufacturers or importers of the machines and media referred to in the first
paragraph of the preceding article,
– one-sixth shall consist of persons appointed by organizations representing
consumers.
Article 121 – The remuneration provided for in Article 116 shall be paid for and on
behalf of the author’s successors in title by the body referred to in Title II of this book.
It shall be shared out among the successors in title by the body referred to the
preceding paragraph, on the basis of the private reproductions made of each work.
Article 122 – Remuneration for the private copying of phonograms shall be shared
out as follows:
– half to the authors,
– one quarter to the performers, and
– one quarter to the producers as reimbursement under the conditions set out in
Article 123 below. Remuneration for the private copying of videograms shall be
distributed in equal shares to the authors, performers and producers as
reimbursement under the conditions set out in Article 123. Remuneration for
reprography shall be shared out as follows:
– three-quarters to the authors, and
– one quarter for the subsidy fund for the publication of literary works. The
aforementioned remuneration and the administration of the reimbursement fund shall
be allocated to the body referred to in Article 124 which shall establish the operating
rules.
Article 123 – Remuneration for private copying shall give rise to a reimbursement
where the recording medium is acquired for their own use or production by:
1) legally constituted audiovisual communication companies;
2) legally constituted producers of phonograms or videograms and the persons who
reproduce these phonograms or videograms for or on behalf of their producers;
3) legal entities or bodies, a list of which shall be drawn up by the Minister for Culture
and Communication, that use the recording media for the purpose of assisting
visually or aurally impaired persons.