4.2.2016 EN Official Journal of the European Union L 29/33 Article 68 Producers of phonograms Each Party shall, as regards phonogram producers, provide for the exclusive right to authorise or prohibit: (a) the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their phonograms; (b) the distribution of their phonograms to the public, by sale or otherwise, including copies thereof; (c) the making available of their phonograms to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them. Article 69 Broadcasting organisations Each Party shall, as regards broadcasting organisations, provide for the exclusive right to authorise or prohibit: (a) the fixation of their broadcasts; (b) the reproduction of fixations of their broadcasts; (c) the making available to the public, by wire or wireless means, of fixations of their broadcasts in such a way that members of the public may access them from a place and at a time individually chosen by them; and (d) the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee. Article 70 Broadcasting and communication to the public Each Party shall provide for the right to ensure that a single equitable remuneration is paid by the user, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public, and to ensure that that remuneration is shared between the relevant performers and phonogram producers. Each Party may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of that remuneration between them. Article 71 Term of protection 1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for no less than 70 years after his death. 2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author. 3. The rights of performers shall expire no less than 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire no less than 50 years after the date of the first such publication or the first such communication to the public, whichever is the earlier. 4. The rights of producers of phonograms shall expire no less than 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire no less than 50 years after the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire no less than 50 years after the date of the first lawful communication to the public.

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