Article 53. Limitations on rights of the performer, phonogram producer, broadcasting or cablecasting organization
On copyright and related rights (LRU-42-son) · Date: 20.07.2006 · In force
The use of the performance, broadcasting or cablecasting organization and recordings thereof, as well as the reproduction of the phonogram, shall be permitted without a consent of the performer, producer of the phonogram, broadcasting or cablecasting organization or other rightholder, and without payment of remuneration:
by including in a current affairs review small excerpts from a performance, phonogram, broadcasting or cablecasting organization's broadcast;
solely for the purpose of teaching or scientific research;
in the form of quotation of small excerpts from a performance, phonogram, broadcast of a broadcasting or cablecasting organization, provided that such quotation is for scientific, research, polemical, critical or informational purposes. However, any reproduction of a phonogram published for commercial purposes for broadcasting or communication via cable or for communication to the general public shall comply with the provisions of Article 51 of this Law;
in other cases provided for by this Law for restriction of property rights of authors of works of science, literature, and art.
The making by a natural person of a recording of a performance, a broadcast of a broadcasting or cablecasting organization, as well as a phonogram, exclusively for his/her own personal purposes and without receiving any remuneration, shall be permitted without a consent of the performer, the phonogram producers, broadcasting or cablecasting organization or any other rightholder and without payment of remuneration.
The provisions of Articles 47, 50, and 52 of this Law shall not apply to obtaining the permission of the performer, the phonogram producers and the broadcasting organization for making recordings of a short-term performance or broadcast, for reproducing such recordings and for reproducing a phonogram published for commercial purposes, if the short-term recording or reproduction is made by the broadcasting organization with its own equipment and for its own broadcast, provided:
the broadcasting organization's prior authorization to broadcast the performance or broadcast itself, in respect of which the short-term use recording or reproduction of such recording is made in accordance with the provisions of this part;
its destruction within the time limit fixed for a short-term recording of works of science, literature and art made by a broadcasting organization under the provisions of Article 31 of this Law, except for the single copy which may be preserved in archives and departmental archives on the ground that it is purely documentary in nature.
