- (iii) a broadcast (other than the broadcast set forth in the preceding item) which uses authorized programs supplied by the broadcasting organization which has obtained said authorization.
- (2) When broadcasting a performance in a broadcast provided for in any of the items of the preceding paragraph, the broadcasting organization provided for in said item shall pay a reasonable amount of remuneration for said performance to the person entitled to the right provided for in Article 92, paragraph (1).
(Wire-broadcasting of a broadcasted performance)
Article 94-2
When a wire-broadcasting organization has wire-broadcasted a broadcasted performance (excluding when for non-profit-making purposes and if no fees are charged to the audience or spectators ("fees" includes consideration of any kind whatsoever for the making available of the performance; the same shall apply in paragraph (1) of the next Article)), the organization shall pay a reasonable amount of remuneration to the performers whose performance (only, however, to the extent of the duration of the neighboring rights, excluding those described in Article 92, paragraph (2) item (ii)) is incorporated in such wire-broadcast.
(Secondary use of commercial phonograms)
Article 95
- (1) When a broadcasting organization or wire-broadcasting organization (below in this Article and in Article 97, paragraph (1) referred to as "broadcasting organization, etc.") broadcasts or wire-broadcasts using commercial phonograms incorporating a sound recording of the [subject] performance, which sound recording has been made with the authorization of the person entitled to the right as provided for in Article 91, paragraph (1) (excluding when for non-profit-making purposes and if no fees are charged to the audience or spectators and the wire-broadcasts is made simultaneously with reception of such broadcasts), it shall pay secondary use fees to the performer of said performance (only, however, to the extent of the duration of the neighboring rights for performances provided for in Article 7, items (i) to (vi); the same shall apply in the next paragraph through paragraph (4)).
- (2) As far as the Contracting States of the Convention for the Protection of Performers, etc. are concerned, the provisions of the preceding paragraph shall apply to a performer whose performance is fixed in a phonogram the producer of which is a national of a country which is a Contracting State, other than a Contracting State which, pursuant to the provisions of Article 16 (1) (a) (i) of said Convention, has declared that it will not apply the provisions of Article 12 of said Convention.
- (3) With respect to a phonogram provided for in Article 8, item (i), when the term of
50
