§ 3. The Right to a Sound Recording

Article 1322. The Manufacturer of a Sound Recording The manufacturer of a sound recording is the person who has initiated, and is responsible for, the first recording of the sounds of a performance or other sounds or representations of these sounds. Unless otherwise proven, the manufacturer of a sound recording is the person whose name is indicated in an ordinary manner on a copy of the sound recording and/or on the package thereof.

Article 1323. The Rights of the Manufacturer of a Sound Recording

1. The manufacturer of a sound recording owns: 1) an exclusive right to the sound recording; 2) a right to indicate his/its name on copies of the sound recording and/or on the package thereof; 3) a right to have the sound recording protected against distortions as it is being used; 4) a right to have the sound recording promulgated, i.e. to commit an action that makes the sound recording available for the first time to the general public by means of its publication, public show, public performance, broadcast or cable transmission or otherwise. In this case, the publication (issuance) is the release for circulation of copies of the sound recording on the consent of the manufacturer in a quantity sufficient for meeting the public's reasonable needs.

2. The manufacturer of a sound recording shall exercise his/its rights in the observance of the rights of the authors of works and of the rights of performers.

3. The rights of the manufacturer of a sound recording are recognised and are effective, irrespective of the existence and effect of copyrights and performers' rights.

4. A right to indicate one's name on the copies of a sound recording and/or on the package thereof and a right to have a sound recording protected against distortions are effective and protected for the whole life of the citizen or until the termination of the legal entity being the manufacturer of the sound recording.

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