CHAPTER VA: NEIGHBOURING RIGHTS

 

Article 43C

(1) A performer shall have an exclusive right to give consent to or prevent another person who without his consent makes, reproduces and broadcasts a phonogram and or a visual picture of his performance.

(2) A producer of phonogram shall have an exclusive right to give consent or to prevent any other person who without his consent reproduces a phonogram or other recorded voice.

(3) A broadcasting organisation shall have an exclusive right to give consent or to prevent any other person who without his consent makes, reproduces, and rebroadcasts his broadcasting work through transmission with or without wire, or through any other electromagnetic system.

 

Article 43D

(1) The term of protection for:

a. a performer who produces performance work shall be for 50 (fifty) years after the work is subsisted or performed;

b. a producer of phonogram who produces a phonogram shall be for 50 (fifty) years after the completion of the work.

c. a broadcasting organisation which produces broadcasting work shall be for 20 (twenty) years after the work is firstly broadcasted.

(2) The computation of the term of protection referred to in paragraph (1) shall be from 1 January of the following year after:


a. a performance is completely formed or performed;
b. a phonogram is completely recorded;
c. a broadcasting work is broadcasted for the first time.
 

Article 43E

Provisions referred to in Articles 3, 4, 5, 8, 9, 13, 14, 15, 16, 17, 24, 25, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 38A, 38B, 38C, 39, 41, 42, 43, 44, 45, 46 and 47 shall also be applicable to the owner of right referred to in Article 43C.

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