A performer has the exclusive right to make that performer's performance available to the public through the transfer of a sound or visual recording of it.
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 as referred to in Article 91, paragraph (2) whose sound or visuals have been recorded other than as a sound recording set forth in that paragraph.
The provisions of paragraph (1) do not apply if a performance is made available to the public through the transfer of a sound or visual recording (except those referred to in items (i) and (ii) of the preceding paragraph; the same applies hereinafter in this Article) that falls under a category provided for in one of the following items:
a sound or visual recording of a performance that is transferred to the public by the owner of the right set forth in paragraph (1) or a person authorized thereby;
a sound or visual recording of a performance that is transferred to the public based on the compulsory license referred to in Article 67, paragraph (1) or Article 67-3, paragraph (1), as applied mutatis mutandis pursuant to Article 103;
第百三条において準用する第六十七条第一項又は第六十七条の三第一項の規定による裁定を受けて公衆に譲渡された実演の録音物又は録画物
a sound or visual recording of a performance that is transferred to the public based on the application of the provisions of Article 67-2, paragraph (1), as applied mutatis mutandis pursuant to Article 103;
第百三条において準用する第六十七条の二第一項の規定の適用を受けて公衆に譲渡された実演の録音物又は録画物
a sound or visual recording of a performance that is transferred to exclusive groups made up of a few persons by the owner of the right set forth in paragraph (1) or a person authorized thereby;
a sound or visual recording of a performance that is transferred abroad without prejudice to any right equivalent to the right set forth in paragraph (1), or by the owner of any right equivalent to the right set forth in that paragraph or a person authorized thereby.
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