the producer of which is a national" in paragraphs (2) to (4) of the same Article shall be deemed to be replaced with "a producer of a phonogram who is a national", and the term "the period of protection enjoyed by a performer" in paragraph (3) of the same Article shall be deemed to be replaced with "the period of protection enjoyed by a producer of a phonogram".
- (3) Where there exists an association (including a federation of associations) which is composed of a considerable number of producers of phonograms doing business in this country which the Commissioner of the Agency for Cultural Affairs designates, with the consent of such association, to have the right to receive the secondary use fees provided for in the paragraph (1), then such right shall be exercised exclusively through such association.
- (4) the provisions of Article 95, paragraphs (6) to (14) shall apply mutatis mutandis to secondary use fees provided for in paragraph (1) and to the association set forth in the preceding paragraph.
(Right to transfer ownership)
Article 97-2
- (1) The producer of a phonogram shall have the exclusive right to offer his phonogram to the public by transferring ownership of reproductions of his phonogram.
- (2) The provisions of the preceding paragraph shall not apply when the offer is by transferring the ownership of a reproduction of a phonogram with respect to which any of the following items apply:
- (i) a reproduction of a phonogram the ownership of which has been transferred to the public by the person entitled to the right provided for in the preceding paragraph or by a person with authorization from such person;
- (ii) a reproduction of a phonogram the ownership of which has been transferred to a small number of specific persons by the holder of the right provided for in the preceding paragraph or by a person with authorization from the holder of said right;
- (iii) a reproduction of a phonogram the ownership of which has been transferred, outside this country, (a) without prejudice to rights equivalent to that provided for in the preceding paragraph, or (b) by the person entitled to a right equivalent to that provided for in said paragraph or by a person with authorization from such person.
(Right of rental, etc.)
Article 97-3
- (1) The producer of a phonogram shall have the exclusive right to offer his phonogram to the public by rental of a commercial phonogram in which his phonogram has been reproduced.
- (2) The provisions of the preceding paragraph shall not apply when the offer is by rental of post-period commercial phonograms.
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