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... Recognizing the need to maintain a balance between the
rights of performers and producers of phonograms and the larger public interest,
particularly education, research and access to information, ...
ARTICLE-2: Definitions [go to this ARTICLE]
... (e) “publication” of a fixed performance or a phonogram means
the offering of copies of the fixed performance or the phonogram to the public,
with the consent of the rightholder, and provided that copies are offered
to the public in reasonable quantity; ...
... (e) “publication” of a fixed performance or a phonogram means
the offering of copies of the fixed performance or the phonogram to the public,
with the consent of the rightholder, and provided that copies are offered
to the public in reasonable quantity; ...
... (f) “broadcasting” means the transmission by wireless means
for public reception of sounds or of images and sounds or of the representations
thereof; such transmission by satellite is also “broadcasting”; transmission
of encrypted signals is “broadcasting” where the means for decrypting are
provided to the public by the broadcasting organization or with its consent;
...
... (f) “broadcasting” means the transmission by wireless means
for public reception of sounds or of images and sounds or of the representations
thereof; such transmission by satellite is also “broadcasting”; transmission
of encrypted signals is “broadcasting” where the means for decrypting are
provided to the public by the broadcasting organization or with its consent;
...
... (g) “communication to the public” of a performance or a phonogram
means the transmission to the public by any medium, otherwise than by broadcasting,
of sounds of a performance or the sounds or the representations of sounds
fixed in a phonogram. For the purposes of Article 15, “communication to the
public” includes making the sounds or representations of sounds fixed in a
phonogram audible to the public. ...
... (g) “communication to the public” of a performance or a phonogram
means the transmission to the public by any medium, otherwise than by broadcasting,
of sounds of a performance or the sounds or the representations of sounds
fixed in a phonogram. For the purposes of Article 15, “communication to the
public” includes making the sounds or representations of sounds fixed in a
phonogram audible to the public. ...
... (g) “communication to the public” of a performance or a phonogram
means the transmission to the public by any medium, otherwise than by broadcasting,
of sounds of a performance or the sounds or the representations of sounds
fixed in a phonogram. For the purposes of Article 15, “communication to the
public” includes making the sounds or representations of sounds fixed in a
phonogram audible to the public. ...
... (g) “communication to the public” of a performance or a phonogram
means the transmission to the public by any medium, otherwise than by broadcasting,
of sounds of a performance or the sounds or the representations of sounds
fixed in a phonogram. For the purposes of Article 15, “communication to the
public” includes making the sounds or representations of sounds fixed in a
phonogram audible to the public. ...
ARTICLE-6: Economic Rights of Performers in their Unfixed Performances [go to this ARTICLE]
... (i) the broadcasting and communication to the public of their
unfixed performances except where the performance is already a broadcast performance;
and ...
ARTICLE-8: Right of Distribution [go to this ARTICLE]
... (1) Performers shall enjoy the exclusive right of authorizing
the making available to the public of the original and copies of their performances
fixed in phonograms through sale or other transfer of ownership. ...
ARTICLE-9: Right of Rental [go to this ARTICLE]
... (1) Performers shall enjoy the exclusive right of authorizing
the commercial rental to the public of the original and copies of their performances
fixed in phonograms as determined in the national law of Contracting Parties,
even after distribution of them by, or pursuant to, authorization by the performer.
...
ARTICLE-10: Right of Making Available of Fixed Performances [go to this ARTICLE]
... Performers shall enjoy the exclusive right of authorizing the
making available to the public of their performances fixed in phonograms,
by wire or wireless means, in such a way that members of the public may access
them from a place and at a time individually chosen by them. ...
... Performers shall enjoy the exclusive right of authorizing the
making available to the public of their performances fixed in phonograms,
by wire or wireless means, in such a way that members of the public may access
them from a place and at a time individually chosen by them. ...
ARTICLE-12: Right of Distribution [go to this ARTICLE]
... (1) Producers of phonograms shall enjoy the exclusive right
of authorizing the making available to the public of the original and copies
of their phonograms through sale or other transfer of ownership. ...
ARTICLE-13: Right of Rental [go to this ARTICLE]
... (1) Producers of phonograms shall enjoy the exclusive right
of authorizing the commercial rental to the public of the original and copies
of their phonograms, even after distribution of them by or pursuant to authorization
by the producer. ...
ARTICLE-14: Right of Making Available of Phonograms [go to this ARTICLE]
... Producers of phonograms shall enjoy the exclusive right of authorizing
the making available to the public of their phonograms, by wire or wireless
means, in such a way that members of the public may access them from a place
and at a time individually chosen by them. ...
... Producers of phonograms shall enjoy the exclusive right of authorizing
the making available to the public of their phonograms, by wire or wireless
means, in such a way that members of the public may access them from a place
and at a time individually chosen by them. ...
ARTICLE-15: Right to Remuneration for Broadcasting and Communication
to the Public [go to this ARTICLE]
... (1) Performers and producers of phonograms shall enjoy the right
to a single equitable remuneration for the direct or indirect use of phonograms
published for commercial purposes for broadcasting or for any communication
to the public. ...
... (4) For the purposes of this Article, phonograms made available
to the public by wire or wireless means in such a way that members of the
public may access them from a place and at a time individually chosen by them
shall be considered as if they had been published for commercial purposes.
...
... (4) For the purposes of this Article, phonograms made available
to the public by wire or wireless means in such a way that members of the
public may access them from a place and at a time individually chosen by them
shall be considered as if they had been published for commercial purposes.
...
ARTICLE-19: Obligations concerning Rights Management Information [go to this ARTICLE]
... (ii) to distribute, import for distribution, broadcast, communicate
or make available to the public, without authority, performances, copies of
fixed performances or phonograms knowing that electronic rights management
information has been removed or altered without authority. ...
... (2) As used in this Article, “rights management information”
means information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of
use of the performance or phonogram, and any numbers or codes that represent
such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to
the public. ...