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A performer has the exclusive right to make that performer's performance available for transmission.
The provisions of the preceding paragraph do not apply to any of the following performances:
a performance whose visuals have been recorded with the authorization of the owner of the right provided for in Article 91, paragraph (1);
a performance referred to in Article 91, paragraph (2) whose sound or visuals have been recorded other than as a sound recording referred to in that paragraph.
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