Chapter first
Definitions
1st. For purposes of the application of the
provisions of this law, unless otherwise specified express, the terms and
expressions mentioned hereafter have the direction which is given to them in
this chapter, including with regard to the related rights:
«interpretation or execution of a work» means
presentation of a work by the musical execution, the recitation, the
declamation, the representation, the dance and of any other interpretation or
execution of a work, either directly, or via any device or process;
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«interpretation or public execution» means
interpretation or execution of a work carried out in a place or places where
people can be of which the number exceeds that of the members of only one
family and their close relations;
«broadcasting» means transmission of work to the
public by any system without wire, including using artificial satellites;
«computer program» gets along of a whole of
instructions expressed in the form of words or symbols or any other way and
which can, in a material form, being deciphered by computer for purposes of the
realization of a task or obtaining a given result;
«sound recording» means incorporation of sounds in
some material form that they are, that these sounds come or not from the
interpretation or the execution of a work, but do not indicate the sound
recording accompanying a audio-visual work;
«reprographic reproduction» means obtaining copies of
the original of a work by any means other than the impression, such as the
photocopy; this expression indicates also the realization of enlargings or
reductions of work;
«right related» means rights whose enjoy the artists
interpreters or executants, the sound producers of recordings, as well as the
establishments, the stations, the companies and the organizations of television
and broadcasting and the publishers;
«work» gets along of any work within the meaning of
articles 2 and 3 of this law;
«collective work» gets along of a work carried out by
several individuals, on the initiative and under the direction of a person or
entity who publishes it under her own name;
«audio-visual work» gets along of any work expressed
by means of a series of associated images, accompanied or not by sounds, and
which gives an impression of movement at the time of the presentation, the
broadcasting or the transmission of work using special devices;
«work of collaboration» gets along of any work carried
out by several authors, provided that the aforementioned work does not
constitute a collective work;
«producing of a sound recording or a audio-visual
work» gets along of the person or entity who takes the initiative and the
responsability to produce the sound recording or audio-visual work;
«author» gets along of the individual who creates an
unspecified work;
«reproduction» means realization of one or several
copies or specimens of a work, in some manner or in some form that it is,
including the permanent or temporary recording on disc, tape, diskette or in an
electronic memory; this term indicates also the production of a copy or a
two-dimensional specimen of a three-dimensional work or a copy or a
three-dimensional specimen of a two-dimensional work;
«copy or specimen» means result of any operation
consisting to reproduce, record or print an original work or to reproduce it by
reprographic processes;
«publication» means availability of the public of
copies or specimens of work or sound recording, with the assent of the author
or the producer of the sound recording, in sufficient quantity to satisfy the
reasonable needs for the public, by the sale, the hiring or any other
transmission resource of the property or the possession of a copy or a specimen
of work or sound recording, or right to use them; this term indicates also the
availability of the public of copies or specimens of work or the sound
recording by all average electronics.
Are not considered to constitute a publication the execution of
a work dramatic, dramatico-musical, cinematographic or musical, the public
declamation of a literary work, the transmission or the broadcasting of an
artistic or literary work, the presentation of an artistic work or the
construction of an architectural work.
A publication of a sound recording the fact is not considered to
constitute of making it listen by any means or device or of broadcasting it;
«communication with the public» means availability of
the public, by transmission by wire or without wire, of the sounds and the
images of a work or one of these elements only, in order to make it possible
the public to hear or to see work in a place far away from the place of
emission.
This expression indicates also the availability of the public of
work by devices by wire or without wire (like the Internet) in order to make it
possible each individual to penetrate in the aforementioned work of the place
and at the time that it chooses.
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