Article 1324. The Exclusive Right to a Sound Recording

1. The manufacture of a sound recording owns the exclusive right to use the sound recording according to Article 1229 of the present Code in any manner that does not conflict with a law (exclusive right to a sound recording), including the methods specified in Item 2 of the present article. The manufacturer of a sound recording may dispose of the exclusive right to the sound recording.

2. The uses of a sound recording are as follows: 1) a public performance, i.e. any communication of the sound recording by 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 sound recording's being perceived in the place where it is communicated or in another place simultaneously with the communication thereof; 2) a broadcast, i.e. the communication of the sound recording to the notice of the general public by means of its being broadcast by radio or television (including re-transmission), except for cable communication. In this case, the communication means any action whereby the sound recording is made available for audio perception, irrespective of its being actually perceived by the public. When the sound recording 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 making it possible for the sound recording to be brought to the general public's notice, irrespective of its actually being received by the public; 3) a cable communication, i.e. the communication of the sound recording to the notice of the general public by a radio or television cable, wire, optical fibre or similar facilities (including retransmission); 4) the brining of the sound recording to the notice of the general public so that a person may have access to the sound recording from any place and at any time at the person's own discretion (bringing to the notice of the general public); 5) reproduction, i.e. the manufacturing of one and more copies of the sound recording or of a part thereof. In this case, the recording of the sound recording or a part thereof on an electronic medium, including saving 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 sound recording to the notice of the general public; 6) the distribution of the sound recording by means of a sale or another alienation of the original or copies which are copies of the sound recording on any material medium; 7) the importation of the original or copies of the sound recording for the purpose of distribution, including the copies' manufactures by permission of the right holder; 8) the hiring out of the original and copies of the sound recording; 9) the processing of the sound recording.

3. A person who has legally processed a sound recording acquires an allied right to the processed sound recording.

4. When a sound recording is used by a person other than the manufacturer thereof the rules of Item 2 of Article 1323 of the present Code are applicable.

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