e24702_SN004
Translated from French
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1. the communication of his performance to the public by any means, in particular those
referred to in Article 34, subject to the legal license provided for in Article 100;
2. the fixation of his performance;
3. the reproduction of such fixed performance;
4. the distribution, through sale or other means, of physical copies of his performance.
This right shall be exhausted after the first sale or any other transfer of ownership of
copies by the performer or with his consent within the UEMOA region;
5. the rental, within the meaning of Article 37, of copies of his performance. A
performer who assigns his right of rental shall retain the right to obtain equitable
remuneration in respect of the rental. The right to remuneration may not be surrendered.
The management thereof may be entrusted to a collective management society.
Article 95. Assignment of economic rights. – 1. The assignment of the performer's
economic rights shall be governed by the provisions of Articles 61 to 64.
2. However, a contract binding the producer and the performer for the creation of an
audiovisual work shall, unless otherwise stipulated, imply the assignment to the producer
of exclusive exploitation rights in the performer's performance.
3. The performer's remuneration may be proportional or a lump sum. It shall be owed
for each mode of exploitation.
Title III. Provisions specific to producers of phonograms and videograms
Article 96. Definition of phonogram. – "Phonogram" means the fixation of a sequence
of sounds.
Article 97. Definition of videogram. – "Videogram" means the fixation of a sequence
of animated images, with or without sound.
Article 98. Definition of producer. – "Producer of a phonogram or videogram" means
the natural or legal person who or which takes the initiative and has the responsibility for
the first fixation.
Article 99. Economic rights. – The producer of a phonogram or videogram shall have
the exclusive right to authorize:
1. the communication of the phonogram or videogram to the public by any means, in
particular those referred to in Article 34, subject to the legal license provided for in
Article 100;
2. the reproduction of the phonogram or videogram;
3. the distribution, through sale or other means, of physical copies of the phonogram or
videogram. This right shall be exhausted after the first sale or any other transfer of
ownership of copies by the producer or with his consent within the UEMOA region;
4. the rental, within the meaning of Article 37, of copies of the phonogram or videogram.
Title IV. – Provisions common to performers and producers of phonograms and
videograms