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phonogram [Global Index]
... Desiring to develop and maintain the protection of the
rights of performers and producers of phonograms in a manner as effective
and uniform as possible, ...
... Recognizing the profound impact of the development and
convergence of information and communication technologies on the production
and use of performances and phonograms, ...
... Recognizing the need to maintain a balance between the
rights of performers and producers of phonograms and the larger public interest,
particularly education, research and access to information, ...
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-2: Definitions [go to this ARTICLE]
... (b) “phonogram” means the fixation of the sounds of a performance
or of other sounds, or of a representation of sounds, other than in the form
of a fixation incorporated in a cinematographic or other audiovisual work;
...
... (d) “producer of a phonogram” means the person, or the legal
entity, who or 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; ...
... (e) “publication” of a fixed performance or a phonogram means
the offering of copies of the fixed performance or the phonogram to the public,
with the consent of the rightholder, and provided that copies are offered
to the public in reasonable quantity; ...
... (e) “publication” of a fixed performance or a phonogram means
the offering of copies of the fixed performance or the phonogram to the public,
with the consent of the rightholder, and provided that copies are offered
to the public in reasonable quantity; ...
... (g) “communication to the public” of a performance or a phonogram
means the transmission to the public by any medium, otherwise than by broadcasting,
of sounds of a performance or the sounds or the representations of sounds
fixed in a phonogram. For the purposes of Article 15, “communication to the
public” includes making the sounds or representations of sounds fixed in a
phonogram audible to the public. ...
... (g) “communication to the public” of a performance or a phonogram
means the transmission to the public by any medium, otherwise than by broadcasting,
of sounds of a performance or the sounds or the representations of sounds
fixed in a phonogram. For the purposes of Article 15, “communication to the
public” includes making the sounds or representations of sounds fixed in a
phonogram audible to the public. ...
... (g) “communication to the public” of a performance or a phonogram
means the transmission to the public by any medium, otherwise than by broadcasting,
of sounds of a performance or the sounds or the representations of sounds
fixed in a phonogram. For the purposes of Article 15, “communication to the
public” includes making the sounds or representations of sounds fixed in a
phonogram audible to the public. ...
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. ...
... (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.
...
ARTICLE-5: Moral Rights of Performers [go to this ARTICLE]
... (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. ...
ARTICLE-7: Right of Reproduction [go to this ARTICLE]
... Performers shall enjoy the exclusive right of authorizing the
direct or indirect reproduction of their performances fixed in phonograms,
in any manner or form. ...
ARTICLE-8: Right of Distribution [go to this ARTICLE]
... (1) Performers shall enjoy the exclusive right of authorizing
the making available to the public of the original and copies of their performances
fixed in phonograms through sale or other transfer of ownership. ...
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. ...
... (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-10: Right of Making Available of Fixed Performances [go to this ARTICLE]
... Performers shall enjoy the exclusive right of authorizing the
making available to the public of their performances fixed in phonograms,
by wire or wireless means, in such a way that members of the public may access
them from a place and at a time individually chosen by them. ...
ARTICLE-11: Right of Reproduction [go to this ARTICLE]
... Producers of phonograms shall enjoy the exclusive right of authorizing
the direct or indirect reproduction of their phonograms, in any manner or
form.
...
... Producers of phonograms shall enjoy the exclusive right of authorizing
the direct or indirect reproduction of their phonograms, in any manner or
form.
...
ARTICLE-12: Right of Distribution [go to this ARTICLE]
... (1) Producers of phonograms shall enjoy the exclusive right
of authorizing the making available to the public of the original and copies
of their phonograms through sale or other transfer of ownership. ...
... (1) Producers of phonograms shall enjoy the exclusive right
of authorizing the making available to the public of the original and copies
of their phonograms through sale or other transfer of ownership. ...
... (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. ...
... (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]
... (1) Producers of phonograms shall enjoy the exclusive right
of authorizing the commercial rental to the public of the original and copies
of their phonograms, even after distribution of them by or pursuant to authorization
by the producer. ...
... (1) Producers of phonograms shall enjoy the exclusive right
of authorizing the commercial rental to the public of the original and copies
of their phonograms, even after distribution of them by or pursuant to authorization
by the producer. ...
... (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. ...
... (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. ...
... (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. ...
... (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-14: Right of Making Available of Phonograms [go to this ARTICLE]
... Producers of phonograms shall enjoy the exclusive right of authorizing
the making available to the public of their phonograms, by wire or wireless
means, in such a way that members of the public may access them from a place
and at a time individually chosen by them. ...
... Producers of phonograms shall enjoy the exclusive right of authorizing
the making available to the public of their phonograms, by wire or wireless
means, in such a way that members of the public may access them from a place
and at a time individually chosen by them. ...
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. ...
... (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. ...
... (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. ...
... (4) For the purposes of this Article, phonograms made available
to the public by wire or wireless means in such a way that members of the
public may access them from a place and at a time individually chosen by them
shall be considered as if they had been published for commercial purposes.
...
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. ...
... (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-17: Term of Protection [go to this ARTICLE]
... (1) The term of protection to be granted to performers under
this Treaty shall last, at least, until the end of a period of 50 years computed
from the end of the year in which the performance was fixed in a phonogram.
...
... (2) The term of protection to be granted to producers of phonograms
under this Treaty shall last, at least, until the end of a period of 50 years
computed from the end of the year in which the phonogram was published, or
failing such publication within 50 years from fixation of the phonogram, 50
years from the end of the year in which the fixation was made. ...
... (2) The term of protection to be granted to producers of phonograms
under this Treaty shall last, at least, until the end of a period of 50 years
computed from the end of the year in which the phonogram was published, or
failing such publication within 50 years from fixation of the phonogram, 50
years from the end of the year in which the fixation was made. ...
... (2) The term of protection to be granted to producers of phonograms
under this Treaty shall last, at least, until the end of a period of 50 years
computed from the end of the year in which the phonogram was published, or
failing such publication within 50 years from fixation of the phonogram, 50
years from the end of the year in which the fixation was made. ...
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.
...
... 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.
...
... 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]
... (ii) to distribute, import for distribution, broadcast, communicate
or make available to the public, without authority, performances, copies of
fixed performances or phonograms knowing that electronic rights management
information has been removed or altered without authority. ...
... (2) As used in this Article, “rights management information”
means information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of
use of the performance or phonogram, and any numbers or codes that represent
such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to
the public. ...
... (2) As used in this Article, “rights management information”
means information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of
use of the performance or phonogram, and any numbers or codes that represent
such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to
the public. ...
... (2) As used in this Article, “rights management information”
means information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of
use of the performance or phonogram, and any numbers or codes that represent
such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to
the public. ...
... (2) As used in this Article, “rights management information”
means information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of
use of the performance or phonogram, and any numbers or codes that represent
such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to
the public. ...
... (2) As used in this Article, “rights management information”
means information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of
use of the performance or phonogram, and any numbers or codes that represent
such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to
the public. ...
... (2) As used in this Article, “rights management information”
means information which identifies the performer, the performance of the performer,
the producer of the phonogram, the phonogram, the owner of any right in the
performance or phonogram, or information about the terms and conditions of
use of the performance or phonogram, and any numbers or codes that represent
such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to
the public. ...
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. ...