 |
Law-ref.org | WIPO PERFORMANCES AND PHONOGRAMS TREATY |
Site search
Sister sites
party [Global Index]
... The Contracting Parties, ...
ARTICLE-1: Relation to Other Conventions [go to this ARTICLE]
... (1) Nothing in this Treaty shall derogate from existing obligations
that Contracting Parties have to each other under the International Convention
for the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations done in Rome, October 26, 1961 (hereinafter the “Rome Convention”).
...
ARTICLE-3: Beneficiaries of Protection under this Treaty [go to this ARTICLE]
... (1) Contracting Parties shall accord the protection provided
under this Treaty to the performers and producers of phonograms who are nationals
of other Contracting Parties. ...
... (1) Contracting Parties shall accord the protection provided
under this Treaty to the performers and producers of phonograms who are nationals
of other Contracting Parties. ...
... (2) The nationals of other Contracting Parties shall be understood
to be those performers or producers of phonograms who would meet the criteria
for eligibility for protection provided under the Rome Convention, were all
the Contracting Parties to this Treaty Contracting States of that Convention.
In respect of these criteria of eligibility, Contracting Parties shall apply
the relevant definitions in Article 2 of this Treaty.
...
... (2) The nationals of other Contracting Parties shall be understood
to be those performers or producers of phonograms who would meet the criteria
for eligibility for protection provided under the Rome Convention, were all
the Contracting Parties to this Treaty Contracting States of that Convention.
In respect of these criteria of eligibility, Contracting Parties shall apply
the relevant definitions in Article 2 of this Treaty.
...
... (2) The nationals of other Contracting Parties shall be understood
to be those performers or producers of phonograms who would meet the criteria
for eligibility for protection provided under the Rome Convention, were all
the Contracting Parties to this Treaty Contracting States of that Convention.
In respect of these criteria of eligibility, Contracting Parties shall apply
the relevant definitions in Article 2 of this Treaty.
...
... (3) Any Contracting Party availing itself of the possibilities
provided in Article 5(3) of the Rome Convention or, for the purposes of Article
5 of the same Convention, Article 17 thereof shall make a notification as
foreseen in those provisions to the Director General of the World Intellectual
Property Organization (WIPO). ...
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. ...
... (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. ...
... (2) The obligation provided for in paragraph (1) does not apply
to the extent that another Contracting Party makes use of the reservations
permitted by Article 15(3) of this Treaty. ...
ARTICLE-5: Moral Rights of Performers [go to this ARTICLE]
... (2) The rights granted to a performer in accordance with paragraph
(1) shall, after his death, be maintained, at least until the expiry of the
economic rights, and shall be exercisable by the persons or institutions authorized
by the legislation of the Contracting Party where protection is claimed. However,
those Contracting Parties whose legislation, at the moment of their ratification
of or accession to this Treaty, does not provide for protection after the
death of the performer of all rights set out in the preceding paragraph may
provide that some of these rights will, after his death, cease to be maintained.
...
... (2) The rights granted to a performer in accordance with paragraph
(1) shall, after his death, be maintained, at least until the expiry of the
economic rights, and shall be exercisable by the persons or institutions authorized
by the legislation of the Contracting Party where protection is claimed. However,
those Contracting Parties whose legislation, at the moment of their ratification
of or accession to this Treaty, does not provide for protection after the
death of the performer of all rights set out in the preceding paragraph may
provide that some of these rights will, after his death, cease to be maintained.
...
... (3) The means of redress for safeguarding the rights granted
under this Article shall be governed by the legislation of the Contracting
Party where protection is claimed. ...
ARTICLE-8: Right of Distribution [go to this ARTICLE]
... (2) Nothing in this Treaty shall affect the freedom of Contracting
Parties to determine the conditions, if any, under which the exhaustion of
the right in paragraph (1) applies after the first sale or other transfer
of ownership of the original or a copy of the fixed performance with the authorization
of the performer. ...
ARTICLE-9: Right of Rental [go to this ARTICLE]
... (1) Performers shall enjoy the exclusive right of authorizing
the commercial rental to the public of the original and copies of their performances
fixed in phonograms as determined in the national law of Contracting Parties,
even after distribution of them by, or pursuant to, authorization by the performer.
...
... (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-12: Right of Distribution [go to this ARTICLE]
... (2) Nothing in this Treaty shall affect the freedom of Contracting
Parties to determine the conditions, if any, under which the exhaustion of
the right in paragraph (1) applies after the first sale or other transfer
of ownership of the original or a copy of the phonogram with the authorization
of the producer of the phonogram. ...
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]
... (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. ...
... (3) Any Contracting Party may in a notification deposited with
the Director General of WIPO, declare that it will apply the provisions
of paragraph (1) only in respect of certain uses, or that it will limit their
application in some other way, or that it will not apply these provisions
at all. ...
ARTICLE-16: Limitations and Exceptions [go to this ARTICLE]
... (1) Contracting Parties may, in their national legislation,
provide for the same kinds of limitations or exceptions with regard to the
protection of performers and producers of phonograms as they provide for,
in their national legislation, in connection with the protection of copyright
in literary and artistic works. ...
... (2) Contracting Parties shall confine any limitations of or
exceptions to rights provided for in this Treaty to certain special cases
which do not conflict with a normal exploitation of the performance or phonogram
and do not unreasonably prejudice the legitimate interests of the performer
or of the producer of the phonogram. ...
ARTICLE-18: Obligations concerning Technological Measures [go to this ARTICLE]
... Contracting Parties shall provide adequate legal protection
and effective legal remedies against the circumvention of effective technological
measures that are used by performers or producers of phonograms in connection
with the exercise of their rights under this Treaty and that restrict acts,
in respect of their performances or phonograms, which are not authorized by
the performers or the producers of phonograms concerned or permitted by law.
...
ARTICLE-19: Obligations concerning Rights Management Information [go to this ARTICLE]
... (1) Contracting Parties shall provide adequate and effective
legal remedies against any person knowingly performing any of the following
acts knowing, or with respect to civil remedies having reasonable grounds
to know, that it will induce, enable, facilitate or conceal an infringement
of any right covered by this Treaty: ...
ARTICLE-22: Application in Time [go to this ARTICLE]
... (1) Contracting Parties shall apply the provisions of Article
18 of the Berne Convention, mutatis mutandis, to the rights of performers
and producers of phonograms provided for in this Treaty. ...
... (2) Notwithstanding paragraph (1), a Contracting Party may limit
the application of Article 5 of this Treaty to performances which
occurred after the entry into force of this Treaty for that Party. ...
... (2) Notwithstanding paragraph (1), a Contracting Party may limit
the application of Article 5 of this Treaty to performances which
occurred after the entry into force of this Treaty for that Party. ...
ARTICLE-23: Provisions on Enforcement of Rights [go to this ARTICLE]
... (1) Contracting Parties undertake to adopt, in accordance with
their legal systems, the measures necessary to ensure the application of this
Treaty. ...
... (2) Contracting Parties shall ensure that enforcement procedures
are available under their law so as to permit effective action against any
act of infringement of rights covered by this Treaty, including expeditious
remedies to prevent infringements and remedies which constitute a deterrent
to further infringements. ...
ARTICLE-24: Assembly [go to this ARTICLE]
... (1)(a) The Contracting Parties shall have an Assembly. ...
... (b) Each Contracting Party shall be represented by one delegate
who may be assisted by alternate delegates, advisors and experts. ...
... (c) The expenses of each delegation shall be borne by the Contracting
Party that has appointed the delegation. The Assembly may ask WIPO to grant
financial assistance to facilitate the participation of delegations of Contracting
Parties that are regarded as developing countries in conformity with the established
practice of the General Assembly of the United Nations or that are countries
in transition to a market economy. ...
... (c) The expenses of each delegation shall be borne by the Contracting
Party that has appointed the delegation. The Assembly may ask WIPO to grant
financial assistance to facilitate the participation of delegations of Contracting
Parties that are regarded as developing countries in conformity with the established
practice of the General Assembly of the United Nations or that are countries
in transition to a market economy. ...
... (b) The Assembly shall perform the function allocated to it
under Article 26(2) in respect of the admission of certain intergovernmental
organizations to become party to this Treaty. ...
... (3)(a) Each Contracting Party that is a State shall have one
vote and shall vote only in its own name. ...
... (b) Any Contracting Party that is an intergovernmental organization
may participate in the vote, in place of its Member States, with a number
of votes equal to the number of its Member States which are party to this
Treaty. No such intergovernmental organization shall participate in the vote
if any one of its Member States exercises its right to vote and vice versa.
...
... (b) Any Contracting Party that is an intergovernmental organization
may participate in the vote, in place of its Member States, with a number
of votes equal to the number of its Member States which are party to this
Treaty. No such intergovernmental organization shall participate in the vote
if any one of its Member States exercises its right to vote and vice versa.
...
ARTICLE-26: Eligibility for Becoming Party to the Treaty [go to this ARTICLE]
... (2) The Assembly may decide to admit any intergovernmental organization
to become party to this Treaty which declares that it is competent in respect
of, and has its own legislation binding on all its Member States on, matters
covered by this Treaty and that it has been duly authorized, in accordance
with its internal procedures, to become party to this Treaty. ...
... (2) The Assembly may decide to admit any intergovernmental organization
to become party to this Treaty which declares that it is competent in respect
of, and has its own legislation binding on all its Member States on, matters
covered by this Treaty and that it has been duly authorized, in accordance
with its internal procedures, to become party to this Treaty. ...
... (3) The European Community, having made the declaration referred
to in the preceding paragraph in the Diplomatic Conference that has adopted
this Treaty, may become party to this Treaty. ...
ARTICLE-27: Rights and Obligations under the Treaty [go to this ARTICLE]
... Subject to any specific provisions to the contrary in this Treaty,
each Contracting Party shall enjoy all of the rights and assume all of the
obligations under this Treaty. ...
ARTICLE-30: Effective Date of Becoming Party to the Treaty [go to this ARTICLE]
... (iv) any other intergovernmental organization that is admitted
to become party to this Treaty, from the expiration of three months after
the deposit of its instrument of accession. ...
ARTICLE-31: Denunciation of the Treaty [go to this ARTICLE]
... This Treaty may be denounced by any Contracting Party by notification
addressed to the Director General of WIPO. Any denunciation shall take effect
one year from the date on which the Director General of WIPO received the
notification. ...
ARTICLE-32: Languages of the Treaty [go to this ARTICLE]
... (2) An official text in any language other than those referred
to in paragraph (1) shall be established by the Director General of WIPO
on the request of an interested party, after consultation with all the interested
parties. For the purposes of this paragraph, “interested party” means any
Member State of WIPO whose official language, or one of whose official languages,
is involved and the European Community, and any other intergovernmental organization
that may become party to this Treaty, if one of its official languages is
involved. ...
... (2) An official text in any language other than those referred
to in paragraph (1) shall be established by the Director General of WIPO
on the request of an interested party, after consultation with all the interested
parties. For the purposes of this paragraph, “interested party” means any
Member State of WIPO whose official language, or one of whose official languages,
is involved and the European Community, and any other intergovernmental organization
that may become party to this Treaty, if one of its official languages is
involved. ...
... (2) An official text in any language other than those referred
to in paragraph (1) shall be established by the Director General of WIPO
on the request of an interested party, after consultation with all the interested
parties. For the purposes of this paragraph, “interested party” means any
Member State of WIPO whose official language, or one of whose official languages,
is involved and the European Community, and any other intergovernmental organization
that may become party to this Treaty, if one of its official languages is
involved. ...
... (2) An official text in any language other than those referred
to in paragraph (1) shall be established by the Director General of WIPO
on the request of an interested party, after consultation with all the interested
parties. For the purposes of this paragraph, “interested party” means any
Member State of WIPO whose official language, or one of whose official languages,
is involved and the European Community, and any other intergovernmental organization
that may become party to this Treaty, if one of its official languages is
involved. ...