Page:United States Statutes at Large Volume 105 Part 3.djvu/707

 PROCLAMATION 6307—JUNE 24, 1991 105 STAT. 2591 (B) communicating or transmitting a work, a perfonnance, or a display of a work, in any form, or by means of any device or process to a place specified in clause 2(a](ii](3)(A) or to the public, regardless of whether the members of the public capable of receiving such communications can receive them in the same place or separate places and at the same time or at different times. (iii) Each Party shall extend the protection afforded under paragraph 2(a)(ii) of this letter to authors of the other Party, whether they are natural persons or, where the other Party's domestic law so provides, companies and to their successors in title. (iv) Each Party shall permit protected rights under paragraph 2(a](ii] of this letter to be freely and separately exploitable and transferable. Each Party shall also permit assignees and exclusive licensees to enjoy all rights of their assignors and licensors acquired through volimtary agreements, and be entitled to enjoy and exercise their acquired exclusive rights. (v) In cases where a Party measures the term of protection of a work from other than the life of the author, the term of protection shall be no less than 50 years from authorized publication or, failing such authorized publication within 50 years from the making of the work, 50 years after the making. [vi] Each Party shall confine any limitations or exceptions to the rights provided under paragraph 2(a)(ii) of this letter (including any limitations or exceptions that restrict such rights to "public" activity) to clearly and carefully defined special cases which do not impair an actual or potential market for or the value of a protected work. (vii) Each Party shall ensure that any compulsory or nonvoluntary license (or any restriction of exclusive rights to a right of remimeration] shall provide means to ensure payment and remittance of royalties at a level consistent with what would be negotiated on a volimtary basis. (viii) Each Party shall, at a minimum, extend to producers of sound recordings the exclusive rights to do or to authorize the following: (1) to reproduce the recording by any means or process, in whole or in part; and (2) to exercise the importation and exclusive distribution and rental rights provided in paragraphs 2(a)(ii)(l) and (2) of this letter. (ix) Paragraphs 2(a)(iii), 2(a)(iv) and 2(a)(vi) of this letter shall apply mutatis mutandis to sound recordings. (x) Each Party shall: (1) protect sound recordings for a term of at least 50 years from publication; and

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