The rights neighbouring on copyright shall comprise the rights of performers, producers of phonograms or video grams and audio-visual communication companies in line with Law-No.-2000-011-of-December-19-2000-on-Copyright-and-Neighbouring-Rights.
Enjoyment of the rights conferred on the natural persons or corporate bodies listed above may under no circumstances infringe on copyright or limit the exercise thereof.
The performer shall have exclusive right to carry out or authorize the following acts:
(a) A communication of his performance to the public, supply his recording on phonogram or video gram to the public through cable or wireless such that any person may have access to it whenever and wherever he so desires individually except when such communication:
— Is done from a recording, or public communication of the performance;
— Is a rebroadcast authorized by the audio-visual broadcasting firm which first aired the performance;
(b) The mounting of his unrecorded performance;
(c) The reproduction of a recording of his performance;
(d) The distribution of a recording of his performance through sale, exchange, public hiring;
(e) The separate use of the sound and pictures of the performance, where both the sound and pictures of the latter were recorded.
In the absence of an agreement to the contrary:
(a) Any authorization to broadcast granted to an audio-visual communication enterprise shall be personal;
(b) The authorization to broadcast shall not imply an authorization to fix the performance;
(c) The authorization to broadcast and fix the performance shall not imply an authorization to reproduce the fixation;
(d) The authorization to fix the performance and to reproduce such fixation shall not imply an authorization to broadcast the performance from the fixation or copies thereof.
The performing artist shall be entitled to respect for his name, his authorship and his performance.
This right shall be vested in the artist and shall, in particular, be perpetual and inalienable. It shall be assignable in case of death.
The phonogram producer shall enjoy the exclusive right to undertake or authorize any reproduction, supply to the public through sale, exchange, rental, or communication of the phonogram to the public including supply of the phonogram to the public through cable or wireless such that any person may have access to it whenever and wherever he so desires.
The rights vested in the phonogram producer as well as the copyright and performers’ rights which he may have in the recorded works may not be transferred separately.
Where a phonogram is put into circulation for commercial purposes, neither the performer nor the producer may object to its direct communication in a public place so long as it is not used in a show, to its being broadcast on radio or television or its simultaneous and integral distribution by cable.
The use under the conditions defined in Section 60 of the law, of phonograms put into circulation for commercial purposes shall, irrespective of the place of their fixation, entitle performers and producers to remuneration.
Such remuneration shall be paid by the person using the phonograms for commercial purposes. It shall be based on the proceeds of such exploitation or, failing that, paid as a fixed amount. It shall be shared in half between the performers and the phonogram producers.
The scale and conditions of payment of the remuneration shall be fixed by the competent collective management body in conjunction with the persons using phonograms under the conditions referred to in Sections 59 and 61 of the law.
In the absence of an agreement within six months following the entry into force of the law or in the case where there is no agreement at the expiry of a previous agreement, an arbitration commission whose composition shall be determined by regulation shall give a final ruling on the matter.
Persons using phonograms for commercial purposes must upon fulfilling their obligations furnish to the competent collective management body the exact schedules of the uses to which they shall put such phonograms and all the documents indispensable to the sharing of fees.
The remuneration hereunder shall be collected on behalf of and shared among the legal representatives by the competent collective management body.
The video gram producer shall enjoy the exclusive right to carry out or authorize any reproduction, supply to the public through sale, exchange, rental or communication to the public of the video gram, including the supply of the video gram to the public by cable or wireless such that any person may have individual access to it whenever and wherever he so desires.
The rights of the video gram producer pursuant to Section 64(1) of the law as well as the copyright and performers’ rights which he may have on the fixed works may not be transferred separately.
The audio-visual broadcasting firms shall enjoy the exclusive right to carry out or authorize:
— The fixation, reproduction of the fixation, programmes rebroadcast and the communication of its programmes to the public including the supply thereof to the public by cable or wireless such that any person may have individual access to it wherever and whenever he so desires;
— The supply of its programmes to the public through sale, rental or exchange.
The authorizations hereunder shall, under pain of nullity, be issued through any written medium including the electronic media.
The beneficiaries of the rights stipulated herein may not prohibit:
(a) Private and free performance in an exclusive family setting;
(b) Reproductions reserved strictly for private use by the person having made them and which are not intended for collective use;
(c) Subject to sufficient information for the identification of the source:
— Analyses and short quotations made necessary by the critical, controversial, pedagogic, scientific or informative nature of the work containing them;
— Press review;
— The broadcasting, even in their entirety for news purposes, of speeches intended for the public meetings of a political nature and in official ceremonies;
(d) Parody, pastiche and caricature, considering the laws governing each genre.
Performers may not prohibit the reproduction and public communication of their performances if they are incidental to an event which is the main subject of an audio-visual series, work or document.
The duration of the patrimonial rights dealt with shall be fifty years with effect from:
— The end of the calendar year of fixation, for phonograms, video grams and the performances fixed thereon;
— The end of the calendar year of execution, for performances not fixed on phonogram or video gram;
— The end of the calendar year of broadcast, for the programmes of audio-visual broadcasting firms.