(2) It shall be a matter for
legislation in the
countries of the
Union to determine the
conditions under which the
rights mentioned in the preceding paragraph may be exercised, but these
conditions shall apply only in the
countries where they have been prescribed. They shall not in any
circumstances be prejudicial to the
moral rights of the
author, nor to his
right to obtain
equitable remuneration which, in the
absence of
agreement, shall be fixed by
competent authority.
(3) In the
absence of any
contrary stipulation,
permission granted in
accordance with paragraph (1) of this
Article shall not imply
permission to
record, by means of
instruments recording sounds or
images, the
work broadcast. It shall, however, be a matter for
legislation in the
countries of the
Union to determine the
regulations for ephemeral
recordings made by a
broadcasting organization by means of its own
facilities and used for its own
broadcasts. The
preservation of these
recordings in
official archives may, on the ground of their
exceptional documentary character, be
authorized by such
legislation.