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... 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 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]
... (3) This Treaty shall not have any connection with, nor shall
it prejudice any rights and obligations under, any other treaties. ...
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. ...
ARTICLE-5: Moral Rights of Performers [go to this ARTICLE]
... Moral Rights of Performers ...
... (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. ...
... (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. ...
... (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. ...
... (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.
...
... (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-6: Economic Rights of Performers in their Unfixed Performances [go to this ARTICLE]
ARTICLE-7: Right of Reproduction [go to this ARTICLE]
... Right of Reproduction ...
... 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]
... Right of Distribution ...
... (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. ...
... (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]
... Right of Rental ...
... (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-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]
... Right of Reproduction ...
... 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]
... Right of Distribution ...
... (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. ...
ARTICLE-13: Right of Rental [go to this ARTICLE]
... Right of Rental ...
... (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. ...
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. ...
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. ...
ARTICLE-16: Limitations and Exceptions [go to this ARTICLE]
... (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: ...
... (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. ...
ARTICLE-20: Formalities [go to this ARTICLE]
... The enjoyment and exercise of the rights provided for in this
Treaty shall not be subject to any formality. ...
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. ...
ARTICLE-23: Provisions on Enforcement of Rights [go to this ARTICLE]
... Provisions on Enforcement of Rights ...
... (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]
... (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-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. ...