208 COPYRIGHT - JUNE 1981 (viii) "broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds; (ix) "rebroadcasting" means the broadcasting by one broadcasting organization of the broadcast of another broadcasting organization; (x) "·reproduction" means the making of a copy or copies of a fixation or a substantial part of that fixation. CHAPTER II Protection of Performers Article 61. Without the authorization of the per­ formers, no person shall do any of the following acts: (a) the broadcasting of their performance, except where tlie broadcast: (i) is made from a fixation of the perfor­ mance, other than a fixation made under the terms of Article 76, or (ii) is a rebroadcast authorized by the orga­ nization initially broadcasting the per­ formance; (b) the communication to the public of their per­ formance, •except where the communication: (i) is made from a fixation of the perfor­ mance; or (ii) is made from a broadcast of the perfor­ mance; (c) the fixation of their unfixed performance; (d) the <reproduction of a fixation of their per­ formance, in any of the following cases: (i) where the performance was initially fixed without their authorization; (ii) where the !'eproduction is made for pur­ poses different from those for which the performers gave their authorization; (iii) where the performance was initially fixed in accordance with the provisions of Articles 74 and 76 below, but the reproduction is made for purposes dif­ ferent from any of those referred to in those Articles. Article 62. In the absence of any contractual agreement to the contrary or of circumstances of employment from which the contrary would nor­ mally be inferred: (i) the authorization to broadcast does not imply an authorization to license other broadcasting organizations to broadcast the performance; (ii) the authorization to broadcast does not imply an authorization to fix the performance; (iii) the authorization to broadcast and fix the per­ formance does not imply an authorization to repmduce the fixation; (iv) the authorization to fix the performance and to mproduce the fixation ,does not imply an autho­ rization to broadcast the performance from the fixation or any reproduction of stich fixation. Article 63. Once the performers have authorized the incorporation of their performance in a visuai ·or audiovisual fixation, the provisions of Articles 61 and 62 (iii) and (iv) shall have no further application. Article 64. Nothing in this Chapter shall be con­ strued to deprive performers of the right to agree by contracts on terms and conditions more favorable for them in Tespect of any use of their performances. Article 65. Granting of <authorizatiton by perform­ ers. (1) A binding authorization under Article 61 may be given by the performer or by the Guinean Copy­ right Office. (2) Any authorization given by a performer claiming that he has retained the relevant rights or by the Guinean Copyright Office (BGDA) shall be cons~dered v-alid unless the recipient knew m had good reason to believe that the delegation of powers was not a valid one. Article 66. (1) The performer (in the case of a group of performers, the leader and the main parti­ cipants) shall be entitled to have his name mentioned as follows: (i) in the case of a public performance and in the case of a transmission of the performance to the public by any means, the main performers shall be identified in an appropriate manner; (ii) all copies of a published phonogram of a per­ formance and their containers shall bear the names of the main performers; if such mention cannot be affixed to the copies of the phono­ gram, the main performers need only be men­ tioned on the containers; (iii) where applicable, the mention referred to in subparagraph (ii) above shall also include the name of the person who authorized the fixa­ tion on behalf of the performers concerned. (2) The performer shall be entitled to protection . against any distortion of his performance. Article 67. The protection under this Title shall subsist for 40 years computed from the end of the year in which the performance took place. Applica­ tion of the provisions of Article 66 above shall re­ main reserved without limitation ill time. CHAPTER III Protection of Producers of Phonograms Article 68. Without the authorization of the ducer of phonograms, no person shall do any of following acts:

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