Right of phonogram producers

A phonogram producer is a natural or a legal person, who or which takes the initiative and has the responsibility for the first fixation of a phonogram.

Subject matter of protection of the rights of a phonogram producer is a phonogram.

A phonogram is deemed to be the fixation of the sounds of a performance or of other sounds or of representations of sounds, other than in the form of fixations incorporated in an audiovisual work.

Pursuant to the Copyright and Related Rights Act, exclusive rights of a phonogram producer relate to:

1. reproduction of his phonograms;
2. distribution (placing on the market) of his phonograms, including the rental right;
3. making his phonograms available to the public;
4. communicating his phonograms to the public, including making them available to the public within an ancillary online service;
5. communicating his phonograms to the public, including making them available to the public when giving the public access to phonograms uploaded by users on online content- sharing service providers

A phonogram producer is entitled to an equitable remuneration in the following cases:

• the right to an equitable remuneration for lending his phonograms by mediation of public libraries;
• for any sound recording of his phonograms for private use.

A phonogram producer is also entitled to a share in a single equitable remuneration for public communication, public presentation, broadcasting, rebroadcasting, direct injection, public communication of broadcasting, rebroadcasting, direct injecting and making available to the public and any other communication to the public of his phonograms issued for commercial purposes.

The right of a phonogram producer runs for 50 years as from the first fixing of a phonogram. If within that period the phonogram is lawfully published, the right shall expire upon 70 years from the first such publication. if the phonogram is not lawfully published within that period, but it is lawfully communication to the public, the right runs for 70 years as from the first such communication to the public.