Commentaries: Art. 34

Where two or more persons have participated artistically in a performance, they are jointly entitled to the related rights under Article 7.
Where performers appear as a group under a common name, the representative named by the performing group shall have the authority to assert the rights of the members. Insofar as the group does not name a representative, the person who produces the performance or fixes it on blank media, or who broadcasts it has the authority to assert the rights.
In the case of a choral, orchestral or stage performance, use of the performance under Article 33 requires the consent of the following persons:
1. the soloists;
2. the conductor;
3. the director;
4. the representative of the performing group under paragraph 2.
Any person who has the right to exploit a performance on an audio-visual fixation is considered to be authorised to permit third parties to make the fixed performance available in such a way that persons may have access to it from a place and at a time individually chosen by them.
In the absence of the corresponding statutory or contractual provisions, the relationship between the authorised persons under paragraphs 2 and 4 and the performers whom they represent is governed by the provisions on agency without authority.