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WIPO PERFORMANCES AND PHONOGRAMS TREATY
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equitable
[
Global Index
]
ARTICLE-4
: National Treatment [
go to this ARTICLE
]
... (1) Each
Contracting Party
shall accord to
nationals
of other
Contracting Parties
, as defined in
Article
3
(2), the
treatment
it accords to its own
nationals
with
regard
to the
exclusive rights
specifically
granted
in this
Treaty
, and to the
right
to
equitable
remuneration
provided for in
Article
15
of this
Treaty
. ...
ARTICLE-9
: Right of Rental [
go to this ARTICLE
]
... (2) Notwithstanding the
provisions
of paragraph (1), a
Contracting Party
that, on April 15, 1994, had and
continues
to have in
force
a
system
of
equitable
remuneration
of
performers
for the
rental
of
copies
of their
performances
fixed in
phonograms
, may maintain that
system
provided that the
commercial rental
of
phonograms
is not giving rise to the
material
impairment of the
exclusive right
of
reproduction
of
performers
. ...
ARTICLE-13
: Right of Rental [
go to this ARTICLE
]
... (2) Notwithstanding the
provisions
of paragraph (1), a
Contracting Party
that, on April 15, 1994, had and
continues
to have in
force
a
system
of
equitable
remuneration
of
producers
of
phonograms
for the
rental
of
copies
of their
phonograms
, may maintain that
system
provided that the
commercial rental
of
phonograms
is not giving rise to the
material
impairment of the
exclusive rights
of
reproduction
of
producers
of
phonograms
. ...
ARTICLE-15
: Right to Remuneration for Broadcasting and Communication to the Public [
go to this ARTICLE
]
... (1)
Performers
and
producers
of
phonograms
shall enjoy the
right
to a
single
equitable
remuneration
for the direct or
indirect
use of
phonograms
published
for
commercial purposes
for broadcasting or for any
communication
to the
public
. ...
... (2)
Contracting Parties
may
establish
in their
national legislation
that the
single
equitable
remuneration
shall be claimed from the user by the
performer
or by the
producer of a phonogram
or by both.
Contracting Parties
may enact
national legislation
that, in the
absence
of an
agreement
between the
performer
and the
producer of a phonogram
, sets the
terms
according to which
performers
and
producers
of
phonograms
shall
share
the
single
equitable
remuneration
. ...
... (2)
Contracting Parties
may
establish
in their
national legislation
that the
single
equitable
remuneration
shall be claimed from the user by the
performer
or by the
producer of a phonogram
or by both.
Contracting Parties
may enact
national legislation
that, in the
absence
of an
agreement
between the
performer
and the
producer of a phonogram
, sets the
terms
according to which
performers
and
producers
of
phonograms
shall
share
the
single
equitable
remuneration
. ...
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