The performer (author of performance) shall be deemed a person, by means of whose creative work such performance was made, - artist-performer (actor, singer, musician, dancer or other person, that plays a part, reads, recites, sings, plays music instrument or otherwise takes part in the performance of literary, artistic or folklore work, including pop, circus or puppet show), as well as production director of a play (a person, who carried out production of theatre, circus, puppet, pop or other performance) and conductor.The performer enjoys exclusive right to use performance in any legal manner (exclusive right to performance). Performer can dispose of exclusive right to performance.Performer holds:1) exclusive right to performance;2) authorship right – right to be acknowledged an author of performance;3) right to a name is the right to specify one’s own name or nickname on the copies of audio record or in any other cases of performance, and in case of associated rights to joint performance it is the right to specify name of the group of performers, except of the cases, when the nature of performance excludes possibility to specify name of performer or group of performers;4) right to performance integrity is the right to protection of performance against any distortion, that is making changes to the record, on-air or cable broadcasting that lead to distortion of meaning or breach of integrity of performance. Using of performance includes:1) record of performance that is capturing of sounds and/or images and/or their display using technical means in any tangible form, enabling their multiple perception, replay or broadcasting;2) reproduction of performance record that is creation of one or more copies of audio record or its part. With that record of performance to the electronic media, including to computer memory, is also considered a reproduction except of the cases, when such record is deemed temporary and is an integral and essential part of production process, the only purpose of which is legal use of the record or legal publication thereof;3) distribution of record of performance through sales or otherwise transfer of its original or instances that represent its copies contained on a tangible media;4) record or on-air broadcasting of performance;5) disclosure of performance in such a way that any person can access record of performance from any place at any time at their own choice (publication);6) renting of original or copies of performance record. Exclusive right to performance does not apply to reproduction, on-air or cable broadcasting and public performance of such record of performance, when such record was made upon the consent of performer, and its reproduction, on-air or cable broadcasting or public performance is executed with the same purpose, for which performer’s consent was given when recording performance.When concluding a contract with the performer about creation of audiovisual work, consent of the performer to the use of the performance as part of audiovisual work is implied. Consent of the performer to a separate use of audio or video contained in audiovisual work should be expressly set forth in the contract. For additional information refer to Paragraph 2, Chapter 71 of the Civil Code of the RF, part four dd. December 18, 2006. No. 230-ФЗ
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