CHAPTER III – EQUITABLE REMUNERATION FOR USE OF PHONOGRAMS OR
VIDEOGRAMS
Article 79:
If a phonogram or videogram published for commercial purposes, or a reproduction of such a
phonogram, is used directly for broadcasting or for communication to the public, a single and
equitable payment intended for both the performers and the producer of the phonogram or
videogram shall be made by the user to the management organization for performers’ rights.
Of the sum received for the use of the phonogram or the videogram, after the management
fees of the collective management organization have been deducted, 50 per cent shall go to
the producer and 50 per cent to the performers.
Persons who use published phonograms for commercial purposes must, in meeting their
obligations, furnish the collective management organization with the exact programs of the
uses which the persons concerned intend to make and all documents necessary for the
distribution of royalties.
CHAPTER IV - FREE USES
Article 80:
Notwithstanding the provisions of Articles 73 to 78 of this Law, the following acts shall be
permitted without the authorization of the successors in title referred to in those articles:
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reproductions strictly reserved for private use by the person who has made them;
reports of current events, provided that use is made only of short fragments of a
performance, phonogram, videogram or broadcast;
the use solely for educational or scientific research purposes;
citations, as short fragments, of a performance, phonogram, videogram or broadcast,
provided that such citations are properly used and are justified by their information
aim;
all other uses that constitute exceptions in relation to copyright-protected works
pursuant to this Law.
Article 81:
The authorizations required under Articles 73 to 78 to make fixations of performances or
broadcasts, reproduce such fixations and reproduce phonograms published for commercial
purposes shall not be required when the fixation or reproduction is made by a broadcasting
organization using its own means and for its own broadcasts, provided that:
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for each broadcast of a fixation, a performance or its reproductions made in
accordance with this paragraph the broadcasting organization is entitled to broadcast
the performance in question;
for each broadcast of a fixation of a broadcast, or a reproduction of such a fixation
made in accordance with this paragraph the broadcasting organization is entitled to
make the broadcast;
for any fixation made in accordance with this paragraph or its reproductions, the
fixation and its reproductions are destroyed within a period of the same duration as
that applied to the fixations and reproductions of copyright-protected works pursuant