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La propriété littéraire et artistique : Commentaire de la loi libanaise du 3 avril 1999


par Imane El Sokhn
Université Saint-Joseph / Faculté de Droit - DEA de droit privé et droit des affaires 2005
  

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Chapter VII
Related rights

35. Of related rights the sound producers of recordings, the companies and organizations of television and broadcasting are famous holders, the publishers, the artists interpreters or executants, the actors, the musicians, the singers, the members of musical groups, the dancers, the artists of puppet theaters and the artists of circus.

36. The sound producers of recordings profit from the protection conferred by the present law when

has) the producer of the sound recording native of Lebanon or a country left to the International Convention on protection the artists interpreters or executants, the producers of sound records and the organizations of broadcasting, made in Rome on October 26, 1961;

b) the first fixing of its was carried out in a State left with above-mentioned convention; or when

c) the sound recording was published for the first time in a State left to above-mentioned convention. When the first fixing took place in a State which did not leave to Convention Rome but that the sound recording was also published, in the 30 days following the first publication, in a State left with the aforementioned convention, this sound recording is regarded as having been published for the first left time in the State.

37. The artists interpreters or executants profit from the protection conferred by the present law when

has) interpretation or execution took place in Lebanon or in a State left with Convention Rome;

b) interpretation or execution is fixed in a sound recording protected under the terms of article 36 from this law; or when

c) interpretation or execution not fixed in a sound recording is diffused by an emission protected under the terms of article 38 from this law.

38. The organizations and companies of broadcasting or television profit from the protection provided by the present law when

has) the principal seat of the organization or the company is located at Lebanon or in a State left at Convention Rome; or when

b) the program was diffused by a transmitter located on the territory of Lebanon or a State left at Convention Rome.

39. Notwithstanding the provisions of article 15 of this law, the artists interpreters or executants have the right to authorize or prohibit

-- broadcasting and the communication with the public of their interpretations or not fixed executions, except when interpretation or execution used is itself a repeat broadcast of an interpretation or execution whose broadcasting had been authorized before;

-- fixing or the recording on a material support of their interpretation or not fixed execution; and

-- reproduction, the sale or the hiring of recordings containing a fixing not - authorized of their interpretation or execution.

40. The artists interpreters or executants who take part collectively in a work or a representation elect in the majority relative a representative charged to exert the rights which are conferred to them under the terms of article 39 of this law.

41. The producers authorized by the artists interpreters or executants to carry out the first fixing of a audio-visual work on a material support have the exclusive right to reproduce, distribute, sell and rent the audio-visual work which they produced, like communicating it to the public.

42. The companies, organizations and establishments of broadcasting and television aimed to article 38 of this law have the right to authorize or prohibit

-- the retransmission of their programs in some form that it is;

-- the projection of their programs televised in places where the entry is subordinated to the payment of an import duty;

-- fixing, at lucrative ends, their programs on material supports;

-- reproduction of recordings not - authorized their televised or broadcast programs.

43. The sound producers of recordings have the right to authorize or prohibit the reproduction, direct or indirect, their sound recordings and the hiring of the aforesaid recordings at lucrative ends.

44. The artist interprets or executant enjoys, his life during, of the right to the recognition of paternity of his interpretation or execution, as well as right to be opposed to any deformation or modification of his service. With its death, this right is reserved for its heirs.

45. The editors of printed or handwritten written works have the right to authorize or prohibit the reprographic reproduction or the commercial exploitation of the aforesaid works.

46. Any contract relating to related rights must be noted in writing by the contractors.

47. The exceptions aimed to articles 23 to 34 of this law apply to the laws aimed to articles 35 to 45 of this law.

48. The protection of the related rights does not affect any the protection of the rights conferred on the works original or derived under the terms of the present law. None the rights aimed in this chapter can be interpreted like reducing the royalties of work.

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