Article 34 of Law on Copyright provides for the protection of performers and states that no one can undertake the following acts without the authorization of the performers:
1. The broadcasting of their programmes, except for the cases when the programme consists of:
a) a fixation of the performance, excluding the registration done according to the provisions of Article 39;
b) a re-broadcasting authorized by the organization, which has broadcasted the programme for the first time.
2. The communication to the public of their performance, except for the cases when this performance consists of:
a) the fixation of the programme;
b) the broadcasting of the performance.
3. The fixation of the unfixed performance.
4. The reproduction of fixation of their performance in the following cases:
a) when the performance is fixed before, without the authorization of the performers;
b) when the reproduction is done for purposes other than those authorized by the performers;
c) when the performance is first fixed in compliance with the provisions of Article 35, but the reproduction is done for purposes other than those defined in that article.
In case of absence of a contractual agreement that provides otherwise or of absence of such employment conditions from which results the contrary:
a) the authorization to broadcast does not mean authorization to grant license to other organizations for the broadcasting of the performance;
b) the authorization for broadcasting does not mean authorization to fix the performance;
c) the authorization for the fixation of the performance and the reproduction of the fixation does not mean the authorization to broadcast the performance;
d) the authorization for broadcasting and fixing the performance does not mean authorization for reproduction and fixation.
The provisions of the first and second paragraph, parts (c) and (d) are not applicable from the moment that the performers give the authorization to include their performance in a visual and audiovisual fixation.
None of the paragraphs of this article takes off the right of the performers to sign contracts in more favourable conditions for their performances.
In Article 35, which deals with the protection of the producers of phonograms, it is stated:
Without the authorization of the producers of phonograms no one can:
a) reproduce directly or indirectly the phonogram;
b) import any copy of the phonogram;
c) lease or loan copy of the phonogram.
Treating the protection of broadcasting organizations, Article 37 underlines that no one can undertake the following acts without their authorization:
1) the re-broadcasting of their programmes;
2) the fixation of their programmes;
3) reproduction of the fixation of their programmes:
(a) when the fixation on which bases a reproduction is done, is realized without the authorization of these organizations; or
b) when the broadcasting is firstly fixed in accordance with the provisions of Article 39, but the reproduction is done for other purposes from those mentioned in that article.
