4. Article
(Aizsargājamie priekšnesumi. Izpildītāju saistības)
Katra dalībvalsts garantē aizsardzību izpildītājiem, ja tiek ievērots kāds no sekojošiem nosacījumiem:
a ) priekšnesums notiek citā dalībvalstī;b) ja priekšnesums ir fiksēts fonogrammā, kuras tiesības aizsargā šīs Konvencijas 5.pants;c) fonogrammā nefiksēts izpildījums tiek pārraidīts saskaņā ar šīs Konvencijas 8.pantā aizsargājamiem raidījumiem.
- a)) to performers who are its nationals, as regards performances taking place, broadcast, or first fixed, on its territory;b) to producers of phonograms who are its nationals, as regards phonograms first fixed or first published on its territory;c) to broadcasting organisations which have their headquarters on its territory, as regards broadcasts transmitted from transmitters situated on its territory.
- a)) "performers" means actors, singers, musicians, dancers and other persons who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic works;b) "phonogram" means any exclusively aural fixation of sounds of a performance or of other sounds;c) "producer of phonograms" means the person who, or the legal entily which, first fixes the sounds of a performance or other sounds;d) "publication" means the offering of copies of a phonogram to the public in reasonable quantity;e) "reproduction" means the making of a copy or copies of a fixation;f) "broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds;g) "rebroadcasting" means the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.
- a)) the performance takes place in another Contracting State;b) the performance is incorporated in a phonogram which is protected under Article 5 of this Convention;c) the performance, not being fixed on a phonogram, is carried by a broadcast which is protected by Article 6 of this Convention.
- a)) the producer of the phonogram is a national of another Contracting State (criterion of nationality);b) the first fixation of the sound was made in another Contracting State (criterion of fixation);c) the phonogram was first published in another Contracting State (criterion of publication).
- a)) the headquarters of the broadcasting organization is situated in another Contracting State;b) the broadcast was transmitted from a transmitter situated in another Contracting State.
- a)) the broadcasting and the communication to the public, without their consent, of their performance, except where the performance used in the broadcasting or the public communication is itself already a broadcast performance or is made from a fixation;b) the fixation, without their consent, of their unfixed performance;c) the reproduction, without their consent, of a fixation of their performance; i) it the original fixation itself was made without their consent; ii) if the reproduction is made for purposes different from those for which the performers gave their consent; iii) if the original fixation was made in accordance with the provision of Article 15, and the reproduction is made for purposes different from those referred to in those provisions.
- (2)) The terms and conditions governing the use by broadcasting organizations of fixations made for broadcasting purposes shall be determined in accordance with the domestic law of the Contracting State where protection is claimed.
- (3)) However, the domestic law referred to in—paragraphs (1) and (2) of this paragraph shall not operate to deprive performers of the ability to control, by contract, their relations with broadcasting organisations.
- a)) The rebroadcasting of their broadcasts;b) the fixation of their broadcasts;c) the reproduction: (i) of fixation, made without their consent, of their broadcasts; (ii) of fixation, made in accordance with the providions of Article 15, of their broadcasts, if the reproduction is made for purposes different from those reffered to in those provisions;d) the communication to the public of their television broadcasts if such communication is made in place accessible to the public against payment of an entrance fee; it shall be a matter for the domestic law of the State where protection of this right is claimed to determine the conditions under which it may be exercised.
- a)) the fixation was made for phonograms and for performances incorporated therein;b) the performance took place—performances not incorporated in phonograms;c) the broadcast took place — for broadcasts.
- a)) private use;b) use of short excerpts in connexion with the reporting of current events;c) ephemeral fixation by a broadcasting organization by means of its own facilities and for its own broadcasts;d) use solely for the purposes of teaching or scientific research.
- a)) as regards Article 12; (i) it will not apply the provisions of that Article; (ii) it will not apply the provisions of that Article in respect of certain uses; (iii) as regards phonograms the producer of which is not a national of another Contracting State, it will not apply that Article; (iv) as regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by that Article to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a national of the State making the declaration; hovever, the fact that the Contracting State of which the producer is a national does not grant the protection to the same beneficiary or beneficiaries as the State making the declaration shall not be considered as a difference in the extent of the protection;b) as regards Article 13, it will not apply item (d) of that Article; if a Contracting State makes such a declaration, the other Contracting States shall not be obliged to grant the right referred to in Article 13, item (d), to broadcasting organisations whose headguarters are in that State.
- a)) this Convention shall cease to be open to ratification, acceptance or accession as from the date of entry into force of the revising Convention;b) this Convention shall remain in force as regards relation between or with Contracting States which have not become parties to the revising Convention.
- a)) to study questions concerning the application and operation of this Convention; andb) to collect proposals and to prepare documentation for possible revision of this Convention.
- a)) of the deposit of each instrument of ratification, acceptance or accesion;b) of the date of entry into force of the Convention;c) of all notification, declarations or communications provided for in this Convention;d) if any of the situations referred to in paragraph 4 and 5 of Article 28 arise.
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