Federal Negarit Gazcta - No, 55 Federal Negant Gazeta - No, 5S 19" July. 2004", "" Plge 2/ A revocation in accordance with Sub Article (l ) shall not be effected where the non exercise or inadequate exercise of a right is primarily due to circumstances which the author can be expected to remedy. 3/ The right to revoke an assignment or a license in accordance with Sub Article (1) shall not be exercised earlier than 3 years from the date of assignment or license or if the work is supplied subsequently, from the date of delivery of the work. 4/ Therlght of revocation referred to in Sub Article (D of this Article may not be waived in advance. ." PART FIVE PROTECTION OF PERFORMERS, PRODUCERS OF SOUND RECORDINGS AND BROADCASTING ORGANIZATIONS 26. Acts requiring authorization of performers 1/ Without prejudice to the provision' of Article 32 of this Proclamation, a performer shall have the exclusive right to carry out or authorize: a) the broadcasting or other communication to the public of his performance, except where the broadcasting or the other communication: i. is made', from a fixation of the performance ,which the' performer has authorized to be made; or ii. is a rebroadcasting made or author­ ized by the organization initially broadcasting the performance; b) the fixation of his unfixed performance, c) the reproduction of a fixation of his performance, in any manner or form, d) making available the' first fixation of his performance, or copies thereof; e) rental or public lending of a fixation of his performance, or copies thereof irrespective of , the ownership ofthe copy rented,or lent; t) making his, fixed performance available to the public by wire or wireless means, in such a way that members of the public may have access to them from a place or at a time individually chosen by them. 19· July. 2004 Page 2689 2/ The provisions of Sub-Article (I) of this Article shall not be applicable where' the performer has authorized the incorporation of his performance in a visual or audiovisual fixation. 3/ Notwithstanding the provision of Sub-Article (I) of this Article, the performer can not forbid the reproduction and the communication to the public of his performance, if it is accessory to an event constituting the principal subject of a scene, or of a work, or of an audio-visual document. 4/ The performer independently of his economic rights or even after the transfer of that right shall have the right: a) to be identified as the performer as regards his live performances, the performances fixed in sound recordings, except where omission is dictated by the manner of the use ofthe performance. b) object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation. c) the provision of Article 8 (2) and (3) shall apply mutatis mutandis to the right of performers granted in this Article. 5/ The right referred in this section shall be protected until the end of the fiftieth Calendar year, following the year in which the performance was fixed in a sound recording or in the absence of such fixation, from the end of the year in which the performance took place. 27. Exclusive rights recordings of, producers of sound 1/ Without prejudice to the provisions of Article 28 of this proclamation, a producer of a sound recording shall have the exclusive right to Carry out or to authorize: reproduction of his sound recordings, in any manner or form; b) importation of copies of his sound recordings; c) distribution to the public the original or copies of his sound recordings, that have not already been subject to a distribution authorized by the producer, by sale or other means of transfer of ownership d) Rental or lending to the public a copy of the sound recording, irrespective of the ownership of the copy rented or lent. a)

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