Article 50. Rights of phonogram producer

The phonogram producer shall enjoy the exclusive rights for the use of the phonogram, in accordance with this Law.

The exclusive rights of the producer of the phonogram to use the phonogram shall mean the right to perform or authorize the following actions:

to reproduce the phonogram (right of reproduction);

to distribute the original or copies of the phonogram by sale or other transfer of ownership (right of distribution);

to communicate the phonogram available to the general public (right of public communication);

to rent out the original or copies of the phonogram, even after their distribution by the producer of the phonogram or with his/her agreement and regardless of the ownership of the original or copies (right to rent out);

to import the original or copies of the phonogram for the purpose of distribution, including copies made with the permission of the owner of exclusive rights to the phonogram (right of import);

to broadcast or communicate via cable the phonogram (the right to broadcast or communicate via cable);

to redo or otherwise review the phonogram (right of revision).

The producer of the phonogram shall have the right to remuneration for each use of his/her phonogram.

Where copies of a published phonogram have been legally introduced into civil circulation through their sale or other transfer of ownership, their further distribution is permitted without consent of the producer of the phonogram and without payment of remuneration to him.

The exclusive rights of the producer of the phonogram, provided for in paragraph two of this Article, may be transferred by contract to other persons. Provisions of Articles 38, 39 and 42 of this Law shall respectively apply to this contract.

The producers of phonograms shall exercise their rights with due observance of the rights of the authors and performers of the works and performances used.

The phonogram shall be deemed to have been used regardless of whether it has been used for the purpose of deriving income or not for that purpose.