5. Producers of sound recordings shall enjoy an exclusive economic right to
exploit their recordings for a period of 50 years calculated from the date on
which the recording was made or made public, whichever comes first.
6. Broadcasting organizations shall have the following exclusive rights:
(a) fix and record their broadcasts and to authorize direct or indirect
reproduction of the fixations of their broadcasts
(b) rebroadcast their programs by wireless means and transmit them to the
public.
7. Broadcasting organizations shall enjoy an exclusive right to exploit their
programs for a period of 50 years calculated from the date on which the program
was broadcast for the first time.”
15) A new provision is supplemented between Article 34bis and Article 35 to read as
follows: “In order to ensure that no hierarchy is established between rights of
authors, on the one hand, and rights of at least performers and producers of
phonograms, on the other hand, each Party shall establish that in cases where
authorization is needed from both the author of a work embodied in a phonogram
and a performer or producer owning rights in the phonogram, the need for the
authorization of the author does not cease to exist because the authorization of
the performer or producer is also required. Likewise, each Party shall establish
that in cases where authorization is needed from both the author of a work
embodied in a phonogram and at least of a performer or producer owning rights
in the phonogram, the need for the authorization of the performer or producer
does not cease to exist because the authorization of the author is also required.”
16) Article 35 is suspended.
17) Article 36 is suspended.
18) Article 44 is amended to read as follows: “Each author whose rights in his work
provided in accordance with the provisions of this law are infringed upon, shall
be entitled to appropriate compensation. In deciding compensation, the cultural
standing of the author, the literary, scientific or artistic value of the work and the
extent the infringer benefited by exploiting the work shall be taken into
consideration.”
19) Article 45 is amended to read as follows: “Any act committed by any of the
following shall be considered an act of piracy punishable by a fine of not less
than 5,000,000 dinars and not exceeding 10,000,000 dinars.”
7
CPA/ORD/ 29 April 2004/83