Article 1316. The Protection of Attribution, Performer's Name and Integrity of a Performance on the Death of a Performer

1. The attribution, the name of the performer and the integrity of a performance are protected indefinitely.

2. A performer is entitled, in the procedure envisaged for designating the executor of a will (Article 1134), to designate the person in whom he vests responsibility for protecting his name and integrity of performance on the death of the performer. That person shall execute his powers for life. If no such indications have been made or if the person designated by the performer has refused to execute these powers, and also on the death of that person the protection of the name of the performer and the integrity of the performance shall be ensured by his heirs, their successors or other persons concerned.

Article 1317. The Exclusive Right to a Performance

1. The performer owns an exclusive right to use the performance in accordance with Article 1229 of the present Code in any manner that does not conflict with a law (the exclusive right to a performance), including the methods specified in Item 2 of the present article. The performer may dispose of the exclusive right to the performance.

2. The following is deemed the use of a performance: 1) the broadcasting, i.e. communicating of the performance for the notice of the general public, by means of its being broadcast by radio or television (including re-transmission), except for cable television. In this case, the communication means any action whereby the performance is made available for audio and/or visual perception, irrespective of its being actually perceived by the public. When the performance is broadcast via a satellite the broadcasting means the reception of the signals from a ground station at the satellite and the transmission of the signals from the satellite, such signals serving to bring the performance to the notice of the general public, irrespective of its actually being received by the public; 2) the cable communication, i.e. the communication of the performance for the notice of the general public by means of transmitting it by radio or television by means of a cable, wire, optical fibre or similar facilities (including re-transmission); 3) the recording of the performance, i.e. the fixation of sounds and/or an image or of representations thereof by means of technical facilities in any material form that allows their perception, reproduction/playback or communication more than once; 4) the reproduction of a record of the performance, i.e. the making of one and more copies of a sound recording or of a part thereof. In this case, a record of the performance on an electronic medium, including a record made in the memory of a computer, is also deemed reproduction, except for cases when such record is temporary and is an integral and significant part of a technological process solely aimed at legally using the record or legally bringing the performance to the notice of the general public; 5) the distribution of a record of the performance by means of selling or another alienation of its original or of copies being copies of the record on any material medium; 6) an action taken in respect of a record of the performance and envisaged by Subitems 1 and 2 of the present item; 7) the bringing of a record of the performance to the notice of the general public so that any person may get access to the record of the performance from any place and at any time at his own discretion (bringing to the notice of the general public); 8) a public playback of a record of the performance, i.e. any communication of the record by means of technical facilities in a place open for the public or in a place where a significant number of people are present who do not belong to the ordinary family group, irrespective of the record's being perceived in the place where it is communicated or in another place simultaneously with the communication thereof; 9) the hiring out of an original record of the performance or of copies thereof.

3. The exclusive right to a performance does not extend to the reproduction, broadcasting or cable transmission, and a public playback of a record of the performance in cases when such record has been made on the consent of the performer, and its reproduction, broadcasting or cable transmission or public playback takes place for the same purposes for which the performer's consent was obtained when the performance was recorded.

4. If a contract is concluded with a performer for the creation of an audiovisual work, the performer's consent to the use of the performance within the audiovisual work is assumed. The performer's consent to the separate use of the sound or image fixed in the audiovisual work shall be expressly stated in the contract. 5. When a performance is used by a person other than the performer thereof the rules of Item 2 of Article 1315 of the present Code are applicable respectively.

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