The 1992 Copyrights and Neighboring rights law No. 40 law includes performances among protected works.
To conform to the TRIPS Agreement, the amendment to this law envisages to precise the rights of performers who shall enjoy the following economic rights:
- The right to transmit their unfixed performance and communicating it to the public;
- The right to fix their performance on a phonogram;
- The right to reproduce their fixed performance on a phonogram.
In this respect, the amendment will considers prohibited any fixation of such live performance on a phonogram for direct or indirect commercial revenue, rental, transmission or availability to the public on any medium by third person without authorization of the right holder. As far as the term of the protection is concerned, the law provides for a period of fifty years protection to be calculated from the beginning of the next calendar year in which the performance was accomplished. If the performance was fixed in a phonogram, the period would be calculated from the end of the year in which the fixation was made.
