§ 4. The Rights of Broadcasting and Cable-Services Organisations

Article 1329. The Broadcasting or Cable-Services Organisation The broadcasting or cable-services organisation is a legal entity communicating radio or television programmes (an aggregate of sounds and/or images or of representations thereof) by broadcasting or by cable.

Article 1330. The Exclusive Right to the Communication of Radio or Television Programmes

1. A broadcasting or cable-services organisation owns an exclusive right to use its legal communication of broadcast or cable programmes in accordance with Article 1229 of the present Code in a manner that does not conflict with a law (the exclusive right to the communication of a radio or television programme), including the methods specified in Item 2 of the present article. A broadcasting or cable-services organisation may dispose of the exclusive right to the communication of a radio or television programme.

2. The following is deemed to be a communication of a radio or television programme (broadcasting/transmitting): 1) the recording of the communication of a radio or television programme, i.e. the fixation of sounds and/or image or of representations thereof by technical facilities in any material form that makes it possible to be perceived, reproduced or communicated several times; 2) the reproduction of a record of a radio or television programme, i.e. the manufacturing of one and more copies of the record of the radio or television programme or of a part thereof. In this case, the recording of the communication of a radio or television programme on an electronic medium, including saving into 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 communication of the radio or television programme to the notice of the general public; 3) the distribution of the communication of a radio or television programme by selling or another alienation of the original or copies of a record of the communication of the radio or television programme; 4) the re-transmission, i.e. the communication by broadcasting (for instance via a satellite) or by cable of a radio or television programme by one broadcasting or cable-services organisation simultaneously with its receiving such communication of the programme from another such organisation; 5) the bringing of the communication of a radio or television programme to the notice of the general public so that each person can have access to the communication of the radio or television programme from any place and at any time at the person's own discretion (bringing to the notice of the general public); 6) the public performance, i.e. any communication of a radio or television programme by technical facilities in places where an entry fee is charged, irrespective of its being perceived in the place where communicated or in another place simultaneously with the communication.

3. The use of the communication of a radio or television programme of a broadcasting organisation is both its re-transmission by broadcasting and by cable. The use of the communication of a radio or television programme of a cable-services organisation is both its re-transmission by cable and by broadcasting.

4. The right of using the communication of a radio or television programme is subject respectively to the rules of Item 3 of Article 1317 of the present Code.

5. Broadcasting and cable-services organisations exercise their rights in observance of the rights of authors of works, the rights of performers, and in relevant cases of owners of the rights to a sound recording and the rights of other broadcasting and cable-services organisations to the communication of radio and television programmes.

6. The rights of a broadcasting and cable-services organisation are recognised and are effective independently of the existence and effect of copyrights, performers' rights, and also the rights to a sound recording.

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