20 shall apply by analogy. This authorization and the remunerations arising from it shall be fixed by a contract signed by the producer and the performer. The duration of a performer’s proprietary rights is fifty years from the first of January of the calendar year following that of the performance, in the case of performances that are not fixed on phonograms or videograms, or, for performances fixed on the latter, the calendar year following that of the fixation. Article 104 – This contract shall set separate remuneration for each form of exploitation of the work. Article 105 – Where neither the contract nor a collective agreement mentions remuneration for one or more forms of exploitation, the level of said remuneration shall be fixed by reference to rates established by means of specific agreements entered into, in each sector of activity, between the performers’ organizations and producers representing the profession. Article 106 – Any dispute between two or more parties to a contract concerning the application of Article 103, which is not settled by negotiation, shall, at the request of one of the parties to the dispute, be referred to a civil court for a ruling on it. CHAPTER III Rights of producers of phonograms Article 107 – The producer of a phonogram is the natural person or legal entity who takes the initiative and the responsibility for the first fixation of a sound sequence. Authorization from the phonogram producer shall be required before any direct or indirect reproduction, distribution to the public by sale, or by any other property transfer, or by rental or public lending, or communication to the public of his phonogram other than those referred to in Article 108. Except in relation to the lending right, Article 38(2) and (3) shall apply by analogy to distribution rights. The duration of a phonogram producer’s rights shall be fifty years from the first of January of the calendar year following that of the fixation. CHAPTER IV Provisions common to performers and to the producers of phonograms and videograms Art. 108 – Where a phonogram or videogram has been published for commercial purposes, the performer and the producer cannot oppose: 1) its direct or indirect communication in a public place, provided it is not used in entertainment; 2) its broadcast, or the full, simultaneous distribution of this broadcast by cable. These uses for commercial purposes of public phonograms and videograms fixed in Madagascar, subject to agreements and treaties signed, entitle performers and producers to remuneration. This so-called equitable remuneration shall be paid by the persons who use the phonograms and videograms published for commercial purposes under the conditions laid down in paragraphs 1 and 2 of this article. It shall be based on the proceeds from the exploitation or, failing that, shall be assessed as a lump sum in the