Laws
Adopted by the National Assembly
15 June 2006
Law on Copyright and Related Rignts
Chapter 3: Related Rights
Article 42. Performance and Performers(1) Performance shall mean the performance of an actor, singer, musician, dancer, conductor, choirmaster, or other person, who acts, sings, recites, presents or otherwise performs a literary or artistic work among them expressions of folklore and art.
(2) Performers are actors, singers, musicians, dancers, conductors, choirmasters or other persons who play a role, sing, recite, declaim, play or otherwise perform literary or artistic works, circus, puppet, variety and other similar shows including expressions of folklore and art.
Article 43. Rights of the Performer
The performer has exclusive moral non-economic and exclusive economic rights to his performance.
Article 44. Moral Non Economic Rights of the Performer
(1) The performer has the following moral non-economic rights to his performance:
a) the right to be recognized as the performer;
b) the right to protect the performance from any distortion or from any trespass to protect the honor or dignity of the performer.
(2) The moral non-economic rights of the performer are inalienable and nontransferable and are not subject to exhaustion.
Article 45. Economic Rights of the Performer
(1) The performer has the right to use his performance in any form and mode and to receive remuneration for any type of use of the performance except the cases provided by this Law.
(2) The performer has an exclusive right to authorize or prohibit third persons the following acts:
a) the broadcast of a live performance or the carrying out of other communication of it to the public, if the fixation of the performance made before is not used for such a communication or the used performance has not been broadcast before;
b) the fixation of a performance not fixed before;
c) the reproduction of a fixed performance directly or indirectly;
d) the distribution of the phonograms and videograms containing his performance through sale or other form of transfer of ownership, among them the import;
e) the broadcast of a fixed performance if the fixation of it was initially made for non-commercial purposes;
f) the rental of the copies of a fixed performance,
g) the lending of the copies of a fixed performance;
h) the making of the fixed performance available to the public.
(3) The performer has the right to prohibit the import of copies of the fixed performances made without his permission.
(4) Where the copies of fixed performances have been put into public circulation through sale or other form of transfer of ownership, the further distribution including import thereof shall be realized without the consent of the performer and without remuneration.
(5) The right to distribute by rent the copies of fixed performances published for commercial purposes shall belong to the performer irrespective of the ownership in these copies. The performer shall retain the right to receive an equitable remuneration for rental of such copies, the contract on waiving of which is null and void. This right may be executed through the collective administration society.
(6) Permissions specified by paragraph (2) of this Article, shall be granted by the performer and, in case of a group of performers, by their authorized representative through concluding a written contract with the user. The contract concluded for the group of performers may not refer to the soloists and conductors.
(7) The conclusion of an individual or collective contract for the purpose of creating an audiovisual work, between the performer and the producer of a fixation of an audiovisual work results in transferring by the performer the rights specified in paragraph (2) of this Article to the producer, unless otherwise provided by the contract. However, the performer retains his right of rental of the copies of such an audiovisual work and the right to receive an equitable remuneration for other types of use referred to in paragraph (2).
Provision of such rights by the performer shall be limited by the use of the audiovisual work itself, and unless otherwise stipulated by the contract, provision of such rights shall not include the right to use separately the sounds or the images fixed in the audiovisual work.
(8) The economic rights in the performances carried out by the performer in execution of his employment assignments or duties shall belong to the employer unless otherwise provided by the contract.
(9) The performer may transfer his economic rights to a third person wholly or in part by a contract.
The performer may also authorize third persons to use his performance by contract. The contract shall include the form and term of use of the performance, the amount of remuneration and the payment order, the term of validity of the contract, the area, etc.
The economic rights of the performer may be inherently transferred to another person by the order of comprehensive succession or by the right of re-organization of a legal entity, which is the right holder.
Article 46. Phonogram and Phonogram Producers
(1) Phonogram shall mean an exclusively aural fixation of sounds of a performance or other sounds, or the fixation of representations thereof in digital or any other form, other than in the form of a fixation incorporated in audiovisual works.
(2) Producer of a phonogram is a natural or legal person who, on his initiative and responsibility, has made the first fixation of the sounds of a performance or other sounds, or the representations of sounds.
Article 47. Rights of The Producer of Phonogram
(1) The producer of a phonogram has a right to use his phonogram in any from and to receive remuneration for any form of use of the phonogram except in the cases provided by this Law.
(2) The producer of a phonogram has an exclusive right to authorize or prohibit third persons the following acts:
a) the direct or indirect reproduction of the phonogram;
b) the distribution of the original or copies of the phonogram among them the import;
c) the rental of the original or copies of the phonogram;
d) the lending of the original or copies of the phonogram;
e) the broadcast of the phonogram;
f) the making available to the public of the phonogram.
(3) The producer of a phonogram has the right to prohibit the import of copies of phonograms made without his consent.
(4) Where the copies of a lawfully produced phonogram have been put into public circulation through sale or other form of transfer of ownership, the further distribution including import thereof shall be realized without the consent of the producer of the phonogram and without remuneration.
(5) The right to rent the copies of phonograms published for commercial purposes shall belong to the producer of the phonogram irrespective of the ownership in these copies. The producer of the phonogram shall retain the right to receive an equitable remuneration for rental of such copies, the contract on waiving of which is null and void.
(6) The producer of a phonogram may transfer his economic rights to a third person wholly or in part by a contract.
(7) The producer of a phonogram may also authorize third persons to use his phonogram by contract. The contract shall include the form and term of use of the phonogram, the amount of remuneration and the payment order, the term of validity of the contract, the area, etc.
(8) The economic rights of the producer of a phonogram may be inherently transferred to a third person by the order of comprehensive succession or by the right of reorganization of a legal entity, which is the right holder.
Article 48. The Producer of First Fixations of Film
(1) For the purposes of this Law the term “film” shall mean an audiovisual work or moving images whether or not accompanied by sound.
(2) Moving images shall mean a fixed series of interrelated images (whether or not accompanied by sound), which is perceivable by sight and if accompanied by sound, perceivable also by hearing. Moving images are not outcome of creative activity and are not copyrightable.
(3) The producer of first fixation of a film is the natural or legal person who, on his initiative and responsibility has made the first fixation of the film.
Article 49. Rights of Producer of the First Fixation of a Film
(1) The producer of the first fixation of the film has a right to use his fixation in any from and to receive remuneration for any form of use of the film except in the cases provided by this Law.
(2) The producer of the first fixation of a film has an exclusive right to authorize or prohibit third persons the following acts:
a) the direct or indirect reproduction of the original or copies of the fixation;
b) the distribution of the original or copies of the fixation among them the import;
c) the rental of the original or copies of the fixation;
d) the lending of the original or copies of the fixation;
e) the broadcast of the fixation;
f) the making available to the public of the fixation.
(3) The producer of the first fixation of a film has the right to prohibit the import of copies of fixations made without his consent.
(4) Where lawfully produced copies of fixation of a film have been put into public circulation through sale or other form of transfer of ownership, the further distribution including import thereof shall be realized without the consent of a film producer and without remuneration.
(5) The right to rent the copies of a film published for commercial purposes shall belong to the producer of the first fixation of the film irrespective of the ownership in these copies. The producer of the first fixation of a film shall retain the right to receive an equitable remuneration for rental of such copies, the contract on waiving of which shall be null and void.
(6) The producer of the first fixation of a film may transfer his economic rights to a third person wholly or in part by a contract.
The producer of the first fixation of a film may also grant third persons a right to use his film by contract. The contract shall include the form and term of use of the film, the amount of remuneration and the payment order, the term of validity of the contract, the area, etc.
(7) The economic rights of a producer of the first fixation of a film may be inherently transferred to a third person by the order of comprehensive succession or by the right of reorganization of a legal entity, which is the right holder.
Article 50. Broadcasting Organization and Its Program
(1) Broadcasting organization shall mean a natural or legal person who, on his initiative and responsibility broadcasts or prepares and broadcasts programs.
(2) Program of a broadcasting organization shall mean a body of live performance or fixed material containing images and/or sounds, or other information, meant for dissemination, which has been prepared by an air or a cable broadcasting organization, or another person on its commission and with its funds.
Article 51. Rights of Broadcasting Organization
(1) The broadcasting organization has a right to use his program in any form and to receive remuneration for any form of use of a program except in the cases provided by this Law.
(2) The broadcasting organization has an exclusive right to authorize or prohibit third persons the following acts:
a) the fixation of the program;
b) the direct or indirect reproduction of the fixed program;
c) the distribution of copies of the fixed program among them import;
d) the rebroadcast of the program;
e) the communication of the program in places accessible to the public against payment of an entrance fee;
f) the making available to the public of the program.
(3) The broadcasting organization has also the right to prohibit the import of copies of prepared programs made without his consent.
(4) The broadcasting organization may transfer its economic rights to a third person wholly or in part by a contract.
The broadcasting organization may also grant third persons a right to use his program by contract. The contract shall include the form and term of use of the program, the amount of remuneration and the payment order, the term of validity of the contract, the area, etc.
(5) The economic rights of a broadcasting organization may be inherently transferred to a third person by the order of comprehensive succession or by the right of reorganization of a legal entity, which is the right holder.
Article 52. Conditions of Origin of Related Rights and The Notification of These Rights
(1) An observance of any formality or registration for the arising and exercising of related rights is not required.
(2) Producers of phonograms for the notification of their related rights may put the symbol of protection of related rights on each copy of the fixation medium or on the containers, consisting of:
a) the Latin letter “P” in a circle (è);
b) the name or firm name of the holder of related rights;
c) the year of the first publication of the phonogram.
Article 53. Limitations of Rights of Performers, Producers of Phonograms or Film Producers and Broadcasting Organizations
The use of a performance, a phonogram, a film or a program of a broadcasting organization shall be permitted without consent and without remuneration of the performer, the producer of phonograms, film producer or the broadcasting organization, applying the provisions provided by Articles 22-26 of this Law to the performance, the phonogram, the film or the program of a broadcasting organization provided that such use shall not conflict with the normal exploitation of the performance, the phonogram, the film or the program, as well as works in the domain of science, literature and art included therein, and shall be without prejudice to the legitimate interests of holders of related rights and authors of the mentioned works.
Article 54. Use of Phonogram Published for Commercial Purposes
(1) If a phonogram published for commercial purposes or a reproduction of such a phonogram is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performer and the producer of phonogram.
(2) Distribution of remuneration between the performer and the producer of phonogram shall be according to the contract between them and in case of absence of it, the due remuneration shall be shared equally between them.
(3) The collection of remuneration provided for by paragraph (1) of this Article and the distribution of it between the performers and producers of phonograms is exercised through the relevant organization of collective administration of economic rights.
Article 55. Rights of Publishers
(1) The exclusive rights to the typographical arrangements of the editions shall belong to the publisher of that very arrangement.
(2) The publisher has a right to authorize or prohibit third persons the reproduction of the typographical arrangements of his editions.
(3) The publisher may transfer his economic rights to a third person wholly or in part by a contract.
(4) The publisher may also grant third persons a right to use his typographical arrangement by contract. The contract shall include the term of use, the amount of remuneration and the payment order, the area, etc.
(5) The economic rights to a typographical arrangement may be inherently transferred to a third person by the order of comprehensive succession or by the right of reorganization of a legal entity, which is the right holder.
Article 56. Protection of Previously Unpublished Works
Any person who, after the expiry of economic rights, for the first time lawfully publishes or by other means makes available to the public a previously unpublished work, shall benefit from the rights equivalent to the economic rights of the author provided by this Law.
Article 57. Critical and Scientific Editions of Works in Public Domain
(1) Any person who prepares the critical or scientific edition of a work, which has come into the public domain, which is essentially different from known editions of that very work, shall benefit from a right equivalent to the economic rights of the author provided by this Law.
(2) The provision of paragraph (1) of this Article shall cover also the cases, when the edition of a work, which has come into the public domain, is not a subject matter of copyright.
Article 58. Databases and Maker of Database
(1) For the purposes of this Law a database shall mean a collection of works, data or other independent materials arranged in a systematic or methodical way the individual elements of which shall be separately accessible by electronic or other means and the acquisition, verification or presentation thereof shall require substantial qualitative and (or) quantitative contribution.
(2) For the purposes of this Law the maker of a database shall be deemed any person by whose initiative and on whose own responsibility substantial qualitative and (or) quantitative contribution is made for the acquisition, verification or presentation of the content of the database.
(3) Any substantial change, evaluated qualitatively or quantitatively, to the content of the database, including any substantial change resulting from the accumulation of successive editions, deletions or alterations, which would result in the database being considered to be a substantial new investment, evaluated qualitatively or quantitatively, shall qualify a new database resulting from that investment.
Article 59. Rights of the Maker of Database
(1) The maker of a database shall have the right to prohibit the extraction and/or re-utilization of the whole contents or a substantial qualitative and/or quantitative part of the database.
(2) For the purpose of this Law:
a. “extraction” shall mean the permanent or temporary transfer of all or a substantial part of the contents of a database to another medium by any means or in any form.
b. “re-utilization” shall mean any form of making available to the public all or substantial part of the contents of a database by the distribution of copies, by renting, by on-line or other forms of transmission.
Lending of the original or copies of a database through establishments, which are accessible to the public, is not an act of extraction or re-utilization.
The right provided for in paragraph one of this Article may be applied irrespective of the eligibility of the contents of that database for protection by copyright or by related rights and shall be without prejudice to the rights of the authors or holders of related rights in respect of the works contained in the database.
(3) The repeated and systematic extraction and/or re-utilization of insubstantial parts of the contents of the database implying acts which conflict with a normal exploitation of that database or which unreasonably prejudice the legitimate interests of the maker of the database shall not be permitted.
(4) The maker of database may transfer his economic rights to a third person wholly or in part by a contract.
The maker of database may also provide, by contract, third persons with the right to use the database. The contract shall include the form and term of use of the database, the amount of remuneration and the payment order, the area, etc.
(5) The economic rights provided for by this Article in respect of the database may be inherently transferred to another person by the order of comprehensive succession or as a result of reorganization of a legal entity, which is the right holder.
Article 60. Rights and Obligations of Lawful Users of Database
(1) The maker of a database which is made available to the public in whatever manner may not prevent a lawful user of the database from extracting and (or) re-utilizing insubstantial parts of its contents, evaluated qualitatively and (or) quantitatively, for any purposes, whatsoever. Where a lawful user is authorized to extract and (or) reutilize only a part of the database, this provision shall apply only to that part.
(2) A lawful user of a database, which is made available to the public in whatever manner, may not perform acts, which may conflict with normal exploitation of the database or unreasonably prejudice the legitimate interests of the maker of the database.
(3) A lawful user of a database which is made available to the public in whatever manner may not cause prejudice to the holder of a copyright or related rights in respect of the works or subject matters contained in the database.
(4) A lawful user of a database which is made available to the public in whatever manner may, without the authorization of the maker of the database, extract or re-utilize a substantial part of its contents:
a. in the case of extraction for private purposes of the contents of a non-electronic database;
b. in the case of extraction for the purposes of illustration for teaching or scientific research, as long as the source is indicated and to extent justified by the non-commercial purpose to be achieved;
c. in the case of extraction and (or) re-utilization for the purposes of public security or an administrative or judicial procedure.
Article 61. Term of Protection of Related Rights
(1) The economic rights of performers emanate from the date of performance and shall run 50 years. If the fixation of a performance was lawfully published or lawfully made available to the public within this period, the rights of performer shall emanate from the date of first such publication or from the first such making available to the public,(whichever occurred earlier) and shall run 50 years.
(2) The economic rights of a producer of a phonogram emanate from the date of fixation and shall run 50 years. If the phonogram was lawfully published or lawfully made available to the public within this period, the rights of a producer of a phonogram shall emanate from the date of first such publication or from the first such making available to the public, (whichever occurred earlier) and shall run 50 years.
(3) The economic rights of producer of the first fixation of the film emanate from the date of fixation and shall run 50 years. If the film was lawfully published or lawfully made available to the public within this period, the rights of film producer shall emanate from the date of first such publication or from the first such making available to the public, (whichever occurred earlier) and shall run 50 years.
(4) The economic rights of a broadcasting organization in respect with the program emanate from the date of first broadcast and shall run 50 years.
(5) The right of publisher emanates from the date of publication and shall run 50 years.
(6) The rights of a database maker shall emanate from the date of completion of the making of the database and shall run 15 years.
If, the database is made available to the public in whatever manner before expiry of the mentioned period, the term of protection of economic rights of the maker of the database shall be calculated from the date of the first making available to the public.
(7) The rights in an unpublished works shall emanate from the date of first lawful publication or from the date of first lawful making available to the public by other means and shall run for 25 years.
(8) The rights in editions of critical and scientific publications shall emanate from the date of first lawful publication and shall run for 30 years.
(9) The terms laid down in this Article are calculated from the first day of January of the year following the relevant mentioned event.
Article 62. The Relationships of Rights of Author and Holders of Related Rights
(1) The performers shall exercise their rights without prejudice to the rights of the author of the work.
(2) The producers of first fixations of films, the producers of phonogram shall not prejudice the rights of authors and performers.
(3) The broadcasting organizations shall not prejudice the rights of authors, performers, producers of phonograms and film producers.
