§ 2. Performance Rights

Article 1313. The Performer

The performer (the author of a performance) is a citizen by whose creative labour a performance has been created, i.e. a performing actor (actor, singer, musician, dancer or another person playing a role, reading, reciting, singing, playing a musical instrument or otherwise taking part in the performance of a literary, artistic or folklore work, including a variety, circus or puppet show), and also the director of a play (a person who has staged a theatrical, circus, puppet, variety or another theatrical performance) and the conductor.

Article 1314. Allied Rights to a Joint Performance

1. Allied rights to a joint performance are owned jointly by the members of the performing team who have taken part in the creation thereof (the actors engaged in a play, members of the orchestra and the other members of the performing team), irrespective of this performance being an integral entity or being composed of elements each having independent significance.

2. Allied right to a joint performance shall be exercised by the head of the performing team, or if there is no such head, jointly by the members of the performing team, unless otherwise envisaged by agreement among them. If a joint performance is an integral entity, neither of the members of the performing team is entitled without good reason to ban the use thereof. An element of a joint performance which can be used independently of the other elements, i.e. an element having an independent significance may be used by the performer who has created it at his own discretion, unless otherwise envisaged by agreement among the members of the performing team.

3. The relationships of the members of a performing team which have to do with distributing earnings from a joint performance are subject respectively by the rules of Item 3 of Article 1229 of the present Code.

4. Each member of a performing team is entitled to take measures on his own to protect his allied rights to a joint performance, including in cases when such performance is an integral entity.

Article 1315. Performer's Rights

1. The performer owns the following rights: 1) an exclusive right to the performance; 2) the right of attribution, i.e. the right to be recognised as the author of the performance; 3) a right to the name, i.e. the right to have his name or pseudonym indicated on copies of a sound recording and in other cases when the performance is used, and in the case described in Item 1 of Article 1314 of the present Code a right to have the name of the performing team indicated, except for cases when the nature of the use of a work makes it impossible to indicate the name of the performer or the name of the performing team; 4) a right to the integrity of the performance, i.e. a right to have the performance protected against any distortion, i.e. against modifications in a record, broadcast or cable transmission leading to a perversion of the sense or a break in the integrity of perception of the performance.

2. Performers shall exercise their rights in the observance of the rights of the authors of the works performed.

3. The rights of a performer shall be recognised and shall have their effect irrespective of the existence or effect of copyrights in the work performed.

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