e24702_SN004
Translated from French
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Article 88. Assignability. – With the exception of the moral rights of the performer and
the right to remuneration set out in Articles 100 and 103, neighboring rights may be
assigned in whole or in part.
Article 89. Exceptions. – The exceptions to copyright set out in Articles 38 to 40 and
42 to 45 shall apply mutatis mutandis to neighboring rights.
Article 90. Duration. – With the exception of the moral rights of the performer, which
shall be perpetual, the duration of neighboring rights shall be 50 years from January 1 of
the calendar year following that of:
1. the performance, in the case of performers. However, where a fixation of the
performance is published or communicated to the public during the period in question,
the term shall not expire until 50 years after January 1 of the calendar year following the
first of those;
2. the first fixation of a sequence of sounds, in the case of phonogram producers, and of
a sequence of images with or without sound for videogram producers. However, where a
phonogram or a videogram is published during said period, the term shall not expire until
50 years after January 1 of the calendar year following publication. In the absence of
publication, the term shall expire 50 years after January 1 of the calendar year following
the first communication to the public;
3. the first communication of programs to the public, in the case of broadcasting
organizations;
4. publication of the work, in the case of publishers.
Article 91. Transfer mortis causa. – Neighboring rights enjoyed by natural persons
may be transferred to their heirs and legatees in accordance with the rules of the ordinary
law of inheritance.
Title II. – Provisions specific to performers
Article 92. Definition. – "Performers" means actors, singers, musicians, dancers and
other persons who act, sing, deliver, declaim, play in or otherwise perform literary or
artistic works, including variety, circus or puppet acts, or expressions of folklore.
Article 93. Moral rights. – 1. The performer shall enjoy moral rights that attach to his
person, are inalienable and may not be prematurely surrendered.
2. Moral rights shall include the right to claim authorship, to which the provisions of
Article 30 shall apply, mutatis mutandis.
3. Moral rights shall also include the right to respect for the performance, to which the
provisions of Article 31 shall apply, mutatis mutandis. If a performer refuses to complete
his participation in an audiovisual work or is unable to complete such participation owing
to circumstances beyond his control, he may not object to the use of his contribution for
the purpose of the completion of the work.
Article 94. Economic rights. – The performer shall have the exclusive right to
authorize: