According to the Latvian Copyright law, a phonogram producer is a natural or legal person who (which) takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds.
Preconditions to be considered a phonogram producer:
- Initiative to carry out fixation of phonogram and real actions to fulfil this aim. The idea itself will not be sufficient to consider a person as a phonogram producer.
- A person has to be responsible for the first fixation. All actions carried out shall be in the name of that person and actions shall be binding.
Most important activities for a phonogram producer:
- Choice of music and performers;
- Concluding agreements, including, but not limited, agreements with sponsors, bancs;
- Providing sound studio (basing on lease or other contractual basis);
- Agreements with sound studio personnel.
Independent phonogram producer, who carries out the abovementioned activities according to a request of a broadcasting organization, shall be considered himself as a phonogram producer.
A person, who only takes over an economical risk or provides a loan (credit institution or banc), shall not be considered as phonogram producer.
Usually a person who takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds is one person, but in case several persons are involved in this process, they would be called as co-producers.
Initiative and liability is only regarding the first fixation, but not relating to the next activities regarding phonogram, like reproduction of phonogram and distributing of them or use. Any other person, who shall obtain these rights from the producer, may carry out these activities also.
The rights of phonogram producer are protected, if the phonogram producer takes the initiative and has the responsibility for the first fixation of the sounds of a performance. If several persons record the live performance, all these persons make the first fixation.
Audio dubbing of sound recordings, which are in analogue format, shall consider as sound recording (first fixation) in digital format.
“Cleaning”, editing, assembling, for purging, or re – recording with improved acoustic effects, of already existing sound fixations, shall not be considered as fixation.
Phonogram Producers rihgts
Phonogram producers have two kinds of economic rights – exclusive rights in respect of the phonograms or copies thereof to
2) make available to the public by wire or otherwise in an individually selected location and at an individually selected time;
3) lease, rent or publicly lend, also in the cases where the distributor thereof is the phonogram producer himself or herself or such has occurred with his or her consent;
4) directly or indirectly, temporarily or permanently reproduce the phonograms or copies thereof
and rights of remuneration for use of phonograms.
Producers’ rights are in force 70 years after first fixation of performance, publishing of performance.