Examples of using A phonogram in English and their translations into Polish
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Ecclesiastic
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Financial
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Official/political
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Programming
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Computer
Our hero created a phonogram for the performance"Let's call myself Gantenbain.
The EESC believes that in order to avoid generalisations anddiffering interpretations, the concept of"publication of a phonogram" must be made sufficiently clear.
This is because the work performed on a phonogram remains protected for the life of the author(songwriter and composer) who wrote the work.
For the purposes of Article 15,"communication to the public" includes making the sounds orrepresentations of sounds fixed in a phonogram audible to the public.
Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly.
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Publication would also comprise otherwise commercial exploitation of a phonogram, such as making the phonogram available to online retailers.
Contracting Parties may establish in their national legislation that the single equitable remuneration shall be claimed from the user by the performer or by the producer of a phonogram or by both.
It is therefore wrong to say that a performance fixed in a phonogram is in the'public domain' once the protection for performers and phonogram producers lapses.
The term of protection to be granted to performers under this Treaty shall last, at least,until the end of a period of 50 years computed from the end of the year in which the performance was fixed in a phonogram.
The text provides that if a phonogram is lawfully published or communicated to the public within 50 years of its fixation, the rights shall expire 95 years after publication or communication to the public.
Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram andwho have transferred their rights to the phonogram producer against a one-off payment.
If a performance is embodied in a phonogram which is lawfully published or communicated to the public within 50 years of its fixation, the rights shall expire 95 years after publication or communication to the public.
The aim of the measures contained in Article 10a is largely toensure that featured and non-featured performers whose performances are fixed in a phonogram effectively benefit from the proposed term extension.
Producer of a phonogram" means the person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds;
Pursuant to Article 94 paragraph 3 of the Law on Copyright and Related Rights,it is presumed that the producer of a phonogram is the person under whose name(or business name) this phonogram was made.
Communication to the public" of a performance or a phonogram means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. .
Upon entering into a contractual relationship with a phonogram producer, performers normally have to transfer to the phonogram producers their exclusive rights of reproduction, distribution, rental and making available of fixations of their performances.
Article 10a(3),(4) and(5) envisage to remedy the situation that session musicians(musicians that do not enjoy recurring contractual royalty payments),upon entering into a contractual relationship with a phonogram producer, often have to transfer their exclusive rights of reproduction, distribution and'making available' to the phonogram producers.
For the purposes of the'use it or lose it' clause,publication of a phonogram means the offering of copies of the phonogram to the public, with the consent of the right holder, and provided that copies are offered to the public in reasonable quantity.
Contracting Parties mayenact national legislation that, in the absence of an agreement between the performer and the producer of a phonogram, sets the terms according to which performers and producers of phonograms shall share the single equitable remuneration.
Publication" of a fixed performance or a phonogram means the offering of copies of the fixed performance or the phonogram to the public, with the consent of the rightholder, and provided that copies are offered to the public in reasonable quantity;
When signing a contract with a phonogram producer, performers are generally willing to accept the contract they are offered because the reputation and exposure gained by signing with a record label gives them the possibility of reaching a broad audience.
This clause has the purpose of allowing performers whose performances fixed in a phonogram are no longer published by the original phonogram producer after the initial 50 year term to regain control over their performance and make it available to the public themselves.
This accompanying measure should also ensure that a phonogram is no longer protected once it is not made available to the public after a certain period of time following the term extension, because rightholders do not exploit it or because the phonogram producer or the performers cannot be located or identified.
Member States shall provide a right in order 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 this remuneration is shared between the relevant performers and phonogram producers.
There is also the issue of the simultaneous publication of a phonogram by two different artists and above all by session musicians, who have not ceded their rights to the producer concerned media broadcasts, rehearsals of songs for competitions, or the broadcast of songs on the internet.
To the phonogram producer in respect of his phonograms, and.
Rights of performers, phonogram producers and broadcasting organizations 1.