transmittable.
- (2) The provisions of the preceding paragraph shall not apply to the following performances:
- (i) visually recorded performances made with the authorization of the person entitled to the right provided for in Article 91, paragraph(1);
- (ii) sound or visually recorded performances provided for in Article 91, paragraph(2), excluding, however, the sound recordings provided for in said paragraph.
(Fixation for broadcast purposes)
Article 93
- (1) A broadcasting organization which has obtained authorization from the person entitled to the right to broadcast provided for in Article 92, paragraph (1) to broadcast a performance may make sound or visual recordings of such performance for the purpose of broadcasting the same; provided, however, that the foregoing shall not apply where contractually otherwise provided or where the sound or visual recording is to be used for the purpose of broadcasting a program different in contents from the program authorized for broadcasting.
- (2) The following persons shall be deemed to have made the sound or visual recording provided for in Article 91, paragraph (1):
- (i) a person who used or offered a sound or visual recording made pursuant to the provisions of the preceding paragraph (a) for a purpose other than broadcasting said recording, or (b) for the purpose provided for in the proviso to the same paragraph;
- (ii) a broadcasting organization which has been offered a sound or visual recording made pursuant to the provisions of the preceding paragraph and which re-offered the same to another broadcasting organization for rebroadcasting by the latter.
(Broadcast of fixation, etc. made for broadcast purposes)
Article 94
- (1) Unless contractually otherwise provided, when the person entitled to the right provided for in Article 92, paragraph (1) authorizes the broadcast of the performance, the performance may be broadcasted not only in the broadcast so authorized, but in the following broadcasts as well:
- (i) a broadcast which uses sound or visual recordings made pursuant to the provisions of paragraph (1) of the preceding Article, by a broadcasting organization which has obtained said authorization;
- (ii) a broadcast which [(a)] uses sound or visual recordings made by the broadcasting organization which has obtained said authorization pursuant to the provisions of paragraph (1) of the preceding Article, and [(b)] is supplied by such broadcasting organization;
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