Article 52. Rights of broadcasting or cablecasting organization

The broadcasting or cablecasting organization shall have the exclusive rights to use its broadcasting or cablecasting organization in accordance with this Law.

The exclusive rights of a broadcasting or cablecasting organization to use its broadcast shall mean the right to perform or authorize the following actions:

to reproduce a recording of a broadcast (right of reproduction);

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

to communicate the recording of a broadcast to the general public (right of public communication);

to record the broadcast (right of recording);

to communicate the broadcast to the general public in places of paid admission (right of public communication in places of paid admission);

to retransmit the broadcast (right of traffic forwarding);

to communicate a broadcast to the general public via cable or broadcast (right of public communication via cable or broadcasting).

The broadcasting or cablecasting organization shall be entitled to remuneration for each use of its broadcast.

The exclusive right of a broadcasting or cablecasting organization to reproduce a recording of a broadcast shall not extend to cases where:

the recording of the broadcast was made with the consent of the broadcasting or cablecasting organization;

the reproduction of the broadcast shall be for the same purposes for which the recording was made in compliance with the provisions of Article 53 of this Law.

The exclusive rights of the broadcasting or cablecasting organization, stipulated by paragraph two of this Article, may be transferred to other persons by contract. Provisions of Articles 38, 39 and 42 of this Law shall respectively apply to this contract.

Broadcasting or cablecasting organizations shall exercise their rights with the observance of the rights of authors and performers of works and performances used and, where appropriate, the rights of phonogram producers and the broadcasting or cablecasting organization.

Broadcast of broadcasting or cablecasting organization shall be considered used regardless of whether it has been used for the purpose of deriving income or not used for that purpose.