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Dernière mise à jour : 2018-02-13
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exceptional provisions to the right of transfer of ownership in relation to a bona fide third party "when the ownership of the original or copies of works (excluding copies of cinematographic works (including copies of cinematographic works in cases of works reproduced in cinematographic works); the same shall apply hereinafter in this article), sound or visual recordings of performances or copies of phonograms has been transferred to a person who does not know or has no negligence in not knowing that such original or copies of works, sound or visual recordings of performances or copies of phonograms do not fall within any of the items of article 26bis, paragraph (2), article 95bis, paragraph (3) or article 97bis, paragraph (2), respectively, an act by such person to transfer to the public the ownership of such original or copies of works, sound or visul recordings of performances or copies of phonograms shall be considered not to a constitute an infringement on the rights mentioned in article 26bis, paragraph (1), article 95bis, paragraph (1) or article 97bis, paragraph (1):" (i) the original or copies of a work the ownership of which has been transferred to the public by a person who has the right mentioned in the preceding paragraph or with the authorization of such person; (ii) copies of a work the ownership of which has been transferred to the public under the authority of a compulsory license under the provisions of article 67, paragraph (1) or article 69 or with a license under the provisions of article 5, paragraph (1) of the law concerning the exceptional provisions to the copyright law required in consequence of the enforcement of the universal copyright convention (law no.86, of 1956); (iii) the original or copies of a work the ownership of which has been transferred to a small number of specific persons by a person who has the right mentioned in the preceding paragraph or with the authorization of such person; (iv) the original or copies of a work the ownership of which has been transferred, outside the jurisdiction of this law, without prejudice to the right equivalent to that mentioned in the preceding paragraph or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization of such person."
exceptional provisions to the right of transfer of ownership in relation to a bona fide third party "when the ownership of the original or copies of works (excluding copies of cinematographic works (including copies of cinematographic works in cases of works reproduced in cinematographic works); the same shall apply hereinafter in this article), sound or visual recordings of performances or copies of phonograms has been transferred to a person who does not know or has no negligence in not knowing that such original or copies of works, sound or visual recordings of performances or copies of phonograms do not fall within any of the items of article 26bis, paragraph (2), article 95bis, paragraph (3) or article 97bis, paragraph (2), respectively, an act by such person to transfer to the public the ownership of such original or copies of works, sound or visual recordings of performances or copies of phonograms shall be considered not to constitute an infringement on the rights mentioned in article 26bis, paragraph (1), article 95bis, paragraph (1) or article 97bis, paragraph (1):" (i) the original or copies of a work the ownership of which has been transferred to the public by a person who has the right mentioned in the preceding paragraph or with the authorization of such person; (ii) copies of a work the ownership of which has been transferred to the public under the authority of a compulsory license under the provisions of article 67, paragraph (1) or article 69 or with a license under the provisions of article 5, paragraph (1) of the law concerning the exceptional provisions to the copyright law required in consequence of the enforcement of the universal copyright convention (law no.86, of 1956); (iii) the original or copies of a work the ownership of which has been transferred to a small number of specific persons by a person who has the right mentioned in the preceding paragraph or with the authorization of such person; (iv) the original or copies of a work the ownership of which has been transferred, outside the jurisdiction of this law, without prejudice to the right equivalent to that mentioned in the preceding paragraph or by a person who has the right equivalent to that mentioned in that paragraph or with the authorization of such person."
Dernière mise à jour : 2015-05-14
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