Federal Ncgarit Gazcta _ No 5~
Federal Ncgarit Gazcta - No. 55
19111 July, 2004...
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e) Making available to the public of a sound
recording, by wire or wireless means, in such a
way that members of the public may have
access to it from a place or at a time
individuallychosen by them.
2/ The right referred in Sub-Article (l) of this Article
shall be protected from the publication of the sound
recording until the end of 50 years from the end of
year of publication, or when the sound recording
has not been publiched until the expiry of 50 years
from the end of the year of fixation.
28. Obligations of producers of sound recording
lQllI
July, 2004
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21 Unless otherwise agreed between the performers and
the producer, half of the amount received by the
producer under Sub-Article (I) of this Article shall
be paid by the producer to the performer.
3/ The right to an equitable remuneration under this
Article shall subsist from the date of publication of
the sound recording until the end of 50 years
following the year of publication, or when the sound
recording has not been published, from the date of
fixation of the sound recording until the end of the
fiftieth year following the year of fixation.
31. Acts requiring authorization of broadcasting
organization
1/ A producer of a sound recording or of an
audiovisual work shall state on the label of the
recording or on its container:
a) the little of the work or works
b) the name of the author and of the main
performers
c) the name or distinguishing mark of the
producer, and
d) that the rights accruing to the producer under
this proclamation are reserved.
21 A choir or an orchestra shall be referred to by its
name and that of its leader, if any for the purposes
of Sub Article I (b) of this Article.
1/ A broadcasting organization shall have the
exclusive right to carry out or authorize;
a) Rebroadcasting of its broadcasts;
b) Fixation of its broadcasts;
c) Reproduction of a fixation of its
broadcast.
2/ The rights under this Article shall be protected from
the moment the broadcast takes place until the
expiry of 20 years following the year in which the
broadcast took place.
32. Limitations of right
The rights referred to in Articles 26-31 shall not
apply to acts related to;
29. Notice of protection
a)
1/ Where a copy of an audiovisual or a sound
recording is made for commercial purposes, a
notice shall be printed on the label or its
container consisting of:
a) the symobol (P) and
b) the year in which the recording was first
published,
..
.
placed in such manner as to give reasonable notice
of claim to protection of the rights of the producer.
2/ A notice referred to in Sub Article (1) of this Article
shall be prima facie evidence of the facts stated
thereon for the purposes of any proceedings brought
under this proclamation with respect to the rights of
the producer.
30. Remuneration for the use of sound Recordings
using short excerpts for reporting current
events to the extent justified by the purpose
of providing current information;
b) reproduction solely for scientific research;
c) reproduction solely for the purpose of face
to-face' teaching activities, except for
performances and sound recordings which
have been published as teaching or
instructional materials;
d) cases where, under Prt II, a work' can be
used without the authorization of the author
or other owner of copyright.
PART SIX
ENFORCEMENT OF RIGHTS
33. Provisional measures
II
II Where a sound recording published for a commercial
purpose or a reproduction of such sound recording,
is used directly for broadcasting or other
communication to the public or is publicly
performed, a single equitable remuneration for the
performer and the producer of the sound recording
shall be paid by the user to the producer.
The court shall order prompt and effective
provisional measures:
a)
to prevent an infringement of a right from
occurring, in particular to prevent the entry
into channels of commerce goods, including
imported goods immediately after customs
clearance,