Copyright Law Revision

(b) Making copies of fixations intended for public sale or the use of fixations or their copies for a purpose different from that for which the consent has already been granted, unless these are cases provided for in Section 37 (1); (c) Sound and visual broadcasts;

(d) Projecting in public or disseminating by other means, if the performance is conveyed to a person different from the organization intended to use it. (3) Performers shall be entitled to remuneration for the use of their performances.

DENMARK

Law No. 158 of the 31st May 1961 on copyright.

Article 45

The performance of a literary or artistic work by a performing artist may not without his consent:

(a) be recorded on gramophone records, sound tape, films or other devices by which it can be reproduced;

(b) be broadcast directly over radio or television;

(c) be communicated to the public by some other technical means to another group than that before which the artist is giving a direct performance.

Article 47

When gramophone records or other sound recordings within the period stated in section 46, are used in radio or television broadcasts or when they are played publicly for commercial purposes, both the producer of the recording and the performing artists whose performances are reproduced shall be entitled to remuneration. If two or more performers have taken part in a performance, their claim or remuneration may only be made jointly. The rights of the performers may only be claimed through the producer or through a joint organization for producers and performers, approved by the Minister of Education.

EL SALVADOR

Decree No. 876 of 6th September 1963 on copyright.

Article 57

The performers referred to in the preceding Article are entitled to receive financial remuneration for the exploitation of their performance diffused by means of broadcasting, television, cinematography, phonographic discs, or any other means for the reproduction of sounds or images.

Broadcasting or television organisations which record programmes may not subsequently exploit them without making the requisite payment to the performers.

FIJI

Performers Protection Ordinance No. 13 of 20th June 1966.

Criminal offence to record/reproduce or broadcast performances without the performer's consent; similarly the public performance of any record of the performance so made.

FINLAND

Law No. 404 of 8th July 1961 on copyright, as amended on 23rd August 1971. Article 45

A performing artist's performance of a literary or artistic work may not without his consent be recorded on phonographic records, films, or other instruments by which it can be reproduced, and it may not without such consent be made available to the public, broadcast over radio or television or by direct communication.

Article 47

If a sound recording mentioned in article 46 is used before the end of the term therein provided in a radio or television broadcast, a compensation shall be paid both to the producer of the recording and to the performer whose performance is recorded. If two or more performers have participated in a performance, their right may only be claimed jointly.

57-786 - 76 pt. 2 - 43

Article 73

GERMAN DEMOCRATIC REPUBLIC

(1) The individual performance of an artist who, as a soloist, produces, or lends his support to, a public performance or public recitation may only be used with his consent:

(a) For a reproduction recording, if this is for the purpose of the manufacture of reproductions intended to be placed on sale, performed or broadcast in public; (b) For broadcast by radio or television;

Article 80

As regards the utilisation of performances referred to in Articles 73 and 78, the owner of the right to the reproduction of such presentations is entitled to a remuneration. The nature and amount of such remuneration may be fixed by the Minister of Culture and, in so far as he is responsible, by the President of the State Broadcasting Committee, after consultation with the directors of the competent central State bodies and the interested social organisations.

GERMAN FEDERAL REPUBLIC

Article 74

A performance may be publicly communicated by screen, loudspeaker or similar technical devices outside the location where it takes place only with the consent of the performer.

Article 75

A performance may be fixed on visual or sound records only with the consent of the performer. The visual or sound records may be reproduced only with his consent.

Article 76

(1) A performance may be broadcast only with the consent of the performer. (2) A performance which has been lawfully fixed on visual or sound records may be broadcast without the consent of the performer if such records have previously been published; however, in such circumstances the performer shall be paid an equitable remuneration.

Article 77

If a performance is publicly communicated by means of visual or sound records or if a broadcast performance is publicly communicated, the performer shall have the right to an equitable remuneration with respect thereto.

Article 49

HUNGARY

(1) The consent of the performer of the conductor and the principal participants (soloists) in case of ensembles-shall be required for:

(a) Recording the performance for purposes of putting the recording into circulation or of public performance, or

(b) Transmitting the performance, without recording it, to an audience not present.

(3) If the performers are professional performing artists, a remuneration shall be due in return for a recording made for purposes of putting it into circulation or of public performance and in return for transmission, unless otherwise agreed, and except in cases of free use.

ICELAND

Article 45

The following activities shall be prohibited without the consent of a performing artist.

(1) Sound recordings for the purpose of reproducing his direct artistic performance. That which a performing artist performs personally, including a broadcast performance. If a broadcasting organization has made a provisional recording of a personal artistic performance, then the broadcasting of such a recording shall be subject to the same rules as if it were a direct artistic performance;

(2) The broadcasting of a direct artistic performance;

(3) The distribution of a direct artistic performance by technical means, by wire or wireless, from the place of performance to other specified places accessible to the public;

(4) The copying of a recording of an artistic performance.

Article 47

When a sound recording, which has been published for commercial purposes, is used within the period stated in Article 46: (1) in radio broadcasts or (2) in other public dissemination of artistic performances for commercial purposes, whether by direct use or by radio, then the user shall be required to pay a composite remuneration both to the producer and to the performing artists.

IRAQ

Law of 21st January 1971 on the protection of copyright.

Article 5

Performers shall enjoy the protection granted by this Law.

IRELAND

Performers' Protection Act of 1968.

Criminal offense to record/reproduce, broadcast or communicate to the public the performance without the performer's consent; similarly the broadcasting or communication to the public of a record of the performance so made.

ITALY

Law No. 633 of 12th April 1941 on copyright, as amended on 23rd August 1946. Article 80

Artists who act or interpret dramatic or literary works, as well as artists who perform musical works or compositions, even if such works or composition are in the public domain, shall, independently of any remuneration in respect of their acting, interpretation, or performance, have the right to equitable remuneration from any person who diffuses or transmits by broadcasting, telephony or like means, or who engraves, records, or reproduces in any manner upon a phonographic record, cinematographic film or other like contrivance, their acting. interpretation or performance.

This right shall not apply where the recitation or performance is given for the purpose of such broadcasting, telephony, cinematography, engraving or recording upon the mechanical contrivances indicated above, and remuneration is paid therefor.

JAPAN

Law No. 48 of 6th May 1970 on copyright.

Article 91

(1) Performers shall have the exclusive right to make sound or visual recordings of their performance.

Article 92

(1) Performers shall have the exclusive right to broadcast and diffuse by wire their performances.

Article 95

(1) When broadcasting organisations and those who engage in wire diffusion service principally for the purpose of offering music (hereinafter in this Article and Article 97, paragraph (1) referred to as "broadcasting organisations, etc") have broadcast or diffused by wire commercial phonograms incorporating performances with the authorization of the owner of the right mentioned in Article 91 paragraph (1) (except rebroadcast or diffusion by wire made upon receiving such broadcast), they shall pay secondary use fees to the performers whose

performances (in which neighbouring rights subsist) have been so broadcast or diffused by wire.

MEXICO

Recordings or discs used for public performance by means of joke boxes or similar apparatus, and for direct financial gain, shall give rise to royalties in favour of authors, interpreters or performers.

Article 84

Interpreters and performers who participate in any performance shall be entitled to receive financial remuneration for the exploitation on their interpretations.

Article 86

The express authorization of the interpreters or performers is necessary for any broadcast re-emission or fixation of a broadcast thereof, and any reproduction of any such fixation.

Article 87

Interpreters and performers have the right to oppose:

(I) The fixation upon a base material, the radio-diffusion, and any other form of communication to the public, of their direct acting and performances; (II) The fixation upon a base material of their acting and performances which are broadcast or televised, and

(III) Any reproduction which differs in its purpose from that authorized by them.

NORWAY

A performing artist's performance of a work may not without the consent of the artist be:

(a) recorded on gramophone records, film, recording tape or other instrument which can reproduce the work.

(b) broadcast directly from the performance, or

(c) in any other manner through simultaneous transfer by technical means made publicly available for another group of persons than that for which the artist performs.

Article 87

PARAGUAY

Persons who perform viz., sing, declaim, play, etc., shall have intellectual rights under the same terms as authors.

Article 89

The performer of a literary or musical work or of a work susceptible of any other form of artistic expression, shall have the right to demand a remuneration for any of his performances which are broadcast or retransmitted by means of radio-telephony or television, or which are recorded upon discs, films, tapes, wires, or any other medium capable of being used for sound or visual reproduction.

PHILIPPINES

Decree No. 49 of 20th November, 1972 on intellectual property. Article 92

Performers shall have the exclusive right:

(a) to record or authorize the recording of their performance to the public on any recording apparatus for image and/or sound.

(b) to authorize the broadcasting and the communication to the public of their performance.

SOUTH AFRICA

Performers' Protection Act of 1967.

Criminal offence to record/reproduce, broadcast or communicate to the public performances without the performer's consent.

SWEDEN

Law No. 729 of 30th December 1960 on copyright, as amended on 25th May 1973.

Article 45

A performing artist's performance of a literary or artistic work may not without his consent be recorded on phonographic records, films, or other instruments by which it can be reproduced, and it may not without such consent be broadcast over radio or television or made available to the public by direct communication.

Article 47

If a sound recording mentioned in Article 46 is used before the end of the term therein provided in a radio or television broadcast, a compensation shall be paid both to the producer of the recording and to the performer whose performance is recorded. If two or more performers have participated in a performance, their right may only be claimed jointly. As against a radio or television organisation, the performer's right shall be claimed through the producer.

TURKEY

If the recital or performance of a scientific, literary or musical work is recorded whether directly or indirectly (viz. when the diffusion of the recital or performance by radio or similar devices is recorded) on instruments for the reproduction of signs, sounds and images, said instruments may be reproduced or diffused only with the permission of the performing artist.

UNITED KINGDOM

Performers Protection Acts 1958-1972.

Criminal offence to record/reproduce, broadcast performances without the performer's consent; similarly the public performance of any record of a performance so made.

URUGUAY

Law No. 9739 of 1937 on copyright, as amended on 25th February 1938. Article 7

Subject to the limitations hereinafter specified, the following shall be the owners of copyright:

(d) The performing artist of a literary or musical work in respect of his performance;

Article 36

The performer of a literary or musical work shall have the right to demand a remuneration for any of his performances which are broadcast or retransmitted by means of radio or television, or which are recorded or printed on a disc, film tape, wire, or any other medium capable of being used for sound or visual reproduction. If an agreement cannot be reached, the amount of the remuneration shall be established in a summary proceeding by the competent judicial authority.

Mr. BIKEL. The people on the other side, just to conclude, are rather lonely and theirs would be a totally lonely voice were it not for the considerable political clout and economic muscle that they possess, but I would hate to think that a Committee of Congress is more impressed by power than by justice.

Thank you.

Mr. KASTENMEIER. Thank you, Mr. Bikel, although many will observe that the AFL-CIO has considerable power.

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Copyright Law Revision: Hearings Before the Subcommittee on Courts, Civil ...