Page:United States Statutes at Large Volume 115 Part 3.djvu/643

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PROCLAMATION 7449-JUNE 8, 2001 115 STAT. 2717 authorized publicition within 25 yean from the creation of the work, not less thin 100 years from the end of the calendar year of the creation of the work. Neither Party may grant translation or reproduction licenses permitted under the Appemfix to the Berne Convention where legitimate needs in that Party^ territory for co|nes or translations of the work coukl be met by the right holder's voluntary actions but for obstacles created by the Party's measures. Each Party shall provide to the right holder in asoimd recording the right to authorize or prohibit: A. the direct or indirect reproduction, in whole or in part, of the sound recording: B the importation intothe Party's territory of copies of the sound recording, C. the first public distribution of the original and each copy of the sound recording by sale, rental or otherwise; atxi D the rental, lease or lending of the original or a copy of the sound recording for the purposes of commercial advantage. Each Party shall provide that putting the original or a copy of a sound recording on the market with therightholder's consent shall not exhaust the rental right. Each Party shall provide toperformers therightto authorize or prohibit: A. the fixation of their live nwsical performances in a sound recording, B. the reproduction of unauthorized fixations of their live musical performances in a sound recording; C the transmission or other communication to the public of sounds in a live musical performance; and D the distribution, sale, rental, disposal or transfer of the unauthorized fixations of their live performances in a sound recording, regardless of where the fixations were made Each Party shall, through operation ef this Agreement, apply the provisions of Article 18 of the Berne Convention to works arid, with such modifieations as may be necessary, to existing sound recordings. ^: ^