paragraph (1), Article 31, item (i), Article 33-2, paragraph (1), Article 35, paragraph (1), Article 37, paragraph (3), or Articles 41 to 42-2, or Article 44, paragraph (1) or (2), or (b) made available to the public works through such reproductions;
- (ii) a broadcasting organization or wire-broadcasting organization which preserved ephemeral recordings in violation of the provisions of Article 44, paragraph (3);
- (iii) a person who either (a) distributed reproductions of works made pursuant to the provisions of Article 47-2, paragraph (1) (excluding, however, reproductions falling within those provided for in item (ii) of the next paragraph) or reproductions of works recorded ephemerally in a memory other than the built-in memory as provided in Article 47-3, paragraph (1) or (2) pursuant to the provisions of Article 47-3, paragraph (1) or (2), or (b) made these works available to the public through these reproductions;
- (iv) a person who preserved these prescribed reproductions in violation of the provisions set forth in Article 47-2, paragraph (2) or Article 47-3, paragraph (3) (excluding, however, reproductions falling within those provided for in item (ii) of the next paragraph).
- (2) The following persons shall be deemed to have made a translation, musical arrangement, transformation or adaptation as provided for in Article 27 with respect to original works of the derivative works concerned:
- (i) a person who either (a) distributed reproductions of derivative works made pursuant to the provisions of Article 30, paragraph (1), Article 31, item (i), Article35, Article 37, paragraph (3), or Article 41 or 42, by virtue of the application of the provisions of Article 43, paragraph (1) or (2), or (b) made such derivative works available to the public through such reproductions, in each case, for purposes other than those provided for in the aforementioned provisions;
- (ii) a person who either [(a)] distributed reproductions of a derivative work made pursuant to the provision of Article 47-2, paragraph (1), or [(b)] made such derivative work available to the public through such reproductions;
- (iii) a person who preserves reproductions set forth in the preceding item in violation of the provisions of Article 47-2, paragraph (2).
(Relationship with moral rights of author)
Article 50
The provisions of this Subsection shall not be construed as affecting the moral rights of an author.
- Section 4 Term of Protection
(In general)
32
