Moral Rights of Performers. (1) Independently of a performer’s economic rights, and even after the transfer of those rights, the performer shall, as regards his live aural performances or performances fixed in phonograms, have the right to claim to be identified as the performer of his performances, except where omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation.
Moral Rights of Performers. Independent of their economic rights, performers must be accorded the ''moral rights'' generally to be named as the performer and to object to any distortion or other modification of the performance that prejudices the performer's reputation (Art. 5). The moral right applies both to live performances and to performances fixed in a phonogram. After the death of the performer, the moral right must generally be maintained at least until expiration of the performer's economic rights. The post mortem moral rights can be exercised by persons or institutions authorized by the national law of the country where [10] protection is claimed. As an exception, however, those States, whose law at the time of ratification or accession to the Treaty does not maintain all of the moral rights after the death of the performer, are permitted to terminate some of the rights on the death of the performer (Art. 5(2)). The details of moral rights protection are left to the national law of the country where protection is claimed (Art. 5(3)). This deference to national law may allow the United States to rely upon a patchwork of existing state laws and the federal trademark law as the legal basis for satisfying the Treaty obligation, without enacting new federal legislation. Performers' right in unfixed performances. Performers, but not producers, are granted rights under the Treaty in ''unfixed performances.'' This economic right basically means that performers have the right to authorize the first fixation of their performances. They also have the right to authorize the first broadcast or communication to the public of their unfixed performances (Art. 6). This right is in addition to the qualified remuneration right of Article 15 to share in payments for the broadcast or public communication of ''commercially published'' phonograms. The remaining exclusive rights apply to performances ''fixed'' in phonograms. Performers and producers have separate rights of reproduction, public distribution, commercial rental, and making available to the public by wire or wireless means. Reproduction right. The reproduction right applies to direct or indirect reproduction in any manner or form of the fixed performance or the phonogram. The Diplomatic Conference adopted an agreed interpretation of the reproduction right in Article 7 (performer's right) and Article 11 (producer's right), and of the limitations permitted by Article 16. The statement says that the Treaty's reproduction rights ''fully a...
