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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
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reproduction
[
Global Index
]
ARTICLE-11
: Rental Rights [
go to this ARTICLE
]
... In
respect
of at least
computer programs
and
cinematographic works
, a
Member
shall provide
authors
and their
successors
in title the
right
to
authorize
or to
prohibit
the
commercial rental
to the
public
of originals or
copies
of their
copyright
works
. A
Member
shall be excepted from this
obligation
in
respect
of
cinematographic works
unless such
rental
has led to widespread
copying
of such
works
which is materially impairing the
exclusive right
of
reproduction
conferred in that
Member
on
authors
and their
successors
in title. In
respect
of
computer programs
, this
obligation
does not apply to
rentals
where the
program
itself is not the essential
object
of the
rental
. ...
ARTICLE-14
: Protection of Performers, Producers of Phonograms [
go to this ARTICLE
]
... 1. In
respect
of a
fixation
of their
performance
on a
phonogram
,
performers
shall have the possibility of preventing the following
acts
when undertaken without their
authorization
: the
fixation
of their unfixed
performance
and the
reproduction
of such
fixation
.
Performers
shall also have the possibility of preventing the following
acts
when undertaken without their
authorization
: the broadcasting by
wireless
means and the
communication
to the
public
of their live
performance
. ...
... 2.
Producers
of
phonograms
shall enjoy the
right
to
authorize
or
prohibit
the direct or
indirect
reproduction
of their
phonograms
. ...
... 3.
Broadcasting organizations
shall have the
right
to
prohibit
the following
acts
when undertaken without their
authorization
: the
fixation
, the
reproduction
of
fixations
, and the
rebroadcasting
by
wireless
means of
broadcasts
, as well as the
communication
to the
public
of television
broadcasts
of the same. Where
Members
do not
grant
such
rights
to
broadcasting organizations
, they shall provide
owners
of
copyright
in the
subject
matter of
broadcasts
with the possibility of preventing the above
acts
,
subject
to the
provisions
of the
Berne Convention
(1971). ...
... 4. The
provisions
of
Article
11
in
respect
of
computer programs
shall apply
mutatis mutandis
to
producers
of
phonograms
and any other
right
holders in
phonograms
as
determined
in a
Member
's
law
. If on 15 April 1994 a
Member
has in
force
a
system
of
equitable
remuneration
of
right
holders in
respect
of the
rental
of
phonograms
, it may maintain such
system
provided that the
commercial rental
of
phonograms
is not giving rise to the
material
impairment of the
exclusive rights
of
reproduction
of
right
holders. ...
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