different places and at different times, where the performance may be perceived
without it necessarily constituting communication to the public.
(16)
“Communication to the public by cable” means the communication of a work to
the public by wire or any other material means.
(17)
“Broadcasting” means the wireless transmission of the image, sound or both or
the representation thereof intended for public reception; this term also covers the
wireless transmission by satellite by sending a work towards a satellite, including both
the uplink and downlink of the transmission, until the work is communicated to the
public. The transmissions of encrypted signals is considered to be “broadcasting”
where the means for decrypting are provided to the public by the broadcasting
organization or with its consent.
(18)
“Published” means that copies of the work have been made accessible to the
public with the consent of the author by sale, rental or public lending, or by any other
transfer of ownership or possession, taking into account the nature of the work and on
condition that the number of such published copies has been sufficient to meet normal
public demand.
(19)
“Rental” means the transfer of possession of the original or a copy of a work for a
limited period of time for profit-making purposes.
(20)
“Producer” of an audiovisual work means a natural or legal person who takes the
initiative and is responsible for the production of the work.
(21)
“Performance contract” means a contract through which the author of a work of
the mind or his successors in title authorize a natural or legal person to perform the
said work in accordance with the agreed conditions. A general performance contract
means the contract through which a professional authors’ association grants an
entertainment promoter the right to perform, for the duration of the contract, the
current or future works constituting the repertoire of the said association pursuant to
the conditions established by the author or his successors in title.
(22)
“Entertainment promoter” means any natural or legal person who occasionally
or permanently performs or has a third party perform, irrespective of the means used,
works protected under this Law in an establishment which admits the public.
(23)
“Publishing contract” means the contract through which the author of a work of
the mind or his successors in title assign to the said publisher under the conditions
established the right to produce or have produced a specific number of copies of the
work, whereby the publisher is required to effect publication and dissemination
thereof.
(24)
“Contracts at the author’s expense” means a contract through which the author
or his successors in title shall pay a publisher agreed remuneration against which the
publisher manufactures a number of copies of the work in the form and according to
the modes of expression specified in the contract, and effects publication and
dissemination thereof.
(25)
“Contracts at joint expense” means a contract through which the author or his
successors in title commission the publisher to manufacture at the publisher’s expense
a number of copies of the work in the form and according to the modes of expression
specified in the contract, and effect publication and dissemination thereof in
accordance with the reciprocal agreement to share the gains and losses of exploitation
in the agreed proportion. Such a contract constitutes a contract of joint undertaking.
(26)
“Performers” are, except for ancillary performers considered such by
professional practice, natural persons who perform, sing, recite, deliver, declaim, act,
dance or otherwise perform literary or artistic works, variety, circus or puppet acts or
expressions of folklore.
(27)
“Fixation” means the incorporation of sounds or images, or both, or of
representations thereof in a medium which makes it possible to perceive, reproduce or
communicate them through a device.