(c) distributing to the public the original and copies of their phonograms
containing the fixations of their performance through sale or other transfer of
ownership;
(d) importing copies of their phonograms whether or not the phonogram was
made with the performer’s authorization;
(e) making available to the public, by wire or wireless means, any
performance fixed in a phonogram, in such a way that members of the public
may access the fixed performance from a place and at a time individually
chosen by them.
2. Independently of a performer’s economic rights, and even after the transfer of
those rights, the performer shall, as regards his/her live aural performances or
performances fixed in phonograms, have the right to claim to be identified as the
performer of his/her performances, except where omission is dictated by the
manner of the use of the performance, and to object to any distortion, mutilation
or other modification of his/her performances that would be prejudicial to his/her
reputation.
3. Performers shall enjoy an exclusive economic right for the exploitation of
their performances for a period of 50 years calculated from the date on which the
performance or the recording took place, as may be the case.
4. The producer of phonograms shall have the following exclusive rights:
(a) broadcasting and communication to the public of their unfixed
performances except where the performance is already a broadcast
performance and the fixation of their unfixed performances;
(b) authorizing the direct or indirect reproduction of their performances fixed
in phonograms in any manner or form whether transitory or permanent,
including digital electronic format;
(c) distributing to the public the original and copies of their phonograms
containing the fixations of their performance through sale or other transfer of
ownership;
(d) importing copies of their phonograms whether or not the phonogram was
made with the performer’s authorization;
(e) making available to the public, by wire or wireless means, any
performance fixed in a phonogram, in such a way that members of the public
may access the fixed performance from a place and at a time individually
chosen by them.
6
CPA/ORD/ 29 April 2004/83