e24702_SN004 Translated from French 27 Article 104. Recipients. – Such remuneration shall be owed to authors, performers and producers of phonograms and videograms. Article 105. Private Copying Commission. – 1. A commission called the Private Copying Commission is hereby established with responsibility for determining the basis of remuneration for private copying and the amount of and payment procedure for such remuneration. 2. The membership of the Commission shall be determined by means of regulations. Article 105 (a). Basis. – Remuneration shall be based on the use of blank analog or digital recording media, whether removable or not, and on recording equipment. The list of such media and equipment shall be determined by the Commission referred to in Article 105. Article 106. Payment amount and procedure. – 1. The amount of remuneration and the procedure for the payment thereof shall be determined by the Commission referred to in Article 105. 2. The amount of remuneration shall take account of the degree of use of the technological protection measures referred to in Article 125 and of their impact on practices under the exception for private copying. Article 107. Debtors. – 1. Remuneration for private copying shall be paid by the manufacturer or the importer of blank recording media and recording equipment. 2. Such remuneration shall be refunded where the recording medium or equipment is acquired for their own use or production by: (a) broadcasting organizations; (b) phonogram or videogram producers; (c) legal persons or organizations, the list of which shall be determined by the Minister of Culture, that use recording media or equipment for the purpose of assisting persons with sight or hearing disabilities. Article 108. Collection. - Remuneration for private copying shall be collected on behalf of the entitled persons by one or more approved collective management societies. Article 109. Distribution. – 1. Remuneration for private copying shall be distributed among the entitled persons by the societies referred to in Article 108, depending on what private reproductions of each work, performance, phonogram or videogram have been made. 2. After deduction of the percentage referred to in Article 122, the remuneration shall be distributed equally among each of the three categories of authors, performers and producers. Title II. – Collective management

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