Law-ref.org WIPO PERFORMANCES AND PHONOGRAMS TREATY
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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”). ...
... (2) Protection granted under this Treaty shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Consequently, no provision of this Treaty may be interpreted as prejudicing such protection. ...
... (2) Protection granted under this Treaty shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Consequently, no provision of this Treaty may be interpreted as prejudicing such protection. ...
... (3) This Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under, any other treaties. ...
... (3) This Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under, any other treaties. ...


ARTICLE-2: Definitions     [go to this ARTICLE]
... For the purposes of this Treaty: ...


ARTICLE-3: Beneficiaries of Protection under this Treaty     [go to this ARTICLE]
... Beneficiaries of Protection under this Treaty ...
... (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. ...


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. ...


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-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-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-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. ...


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-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-21: Reservations     [go to this ARTICLE]
... Subject to the provisions of Article 15(3), no reservations to this Treaty shall be permitted. ...


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]
... (2)(a) The Assembly shall deal with matters concerning the maintenance and development of this Treaty and the application and operation of this Treaty. ...
... (2)(a) The Assembly shall deal with matters concerning the maintenance and development of this Treaty and the application and operation of this Treaty. ...
... (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. ...
... (c) The Assembly shall decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such diplomatic conference. ...
... (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. ...
... (5) The Assembly shall establish its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions. ...


ARTICLE-25: International Bureau     [go to this ARTICLE]
... The International Bureau of WIPO shall perform the administrative tasks concerning the Treaty. ...


ARTICLE-26: Eligibility for Becoming Party to the Treaty     [go to this ARTICLE]
... Eligibility for Becoming Party to the Treaty ...
... (1) Any Member State of WIPO may 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. ...
... (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. ...
... (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]
... Rights and Obligations under the Treaty ...
... 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. ...
... 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-28: Signature of the Treaty     [go to this ARTICLE]
... Signature of the Treaty ...
... This Treaty shall be open for signature until December 31, 1997, by any Member State of WIPO and by the European Community. ...


ARTICLE-29: Entry into Force of the Treaty     [go to this ARTICLE]
... Entry into Force of the Treaty ...
... This Treaty shall enter into force three months after 30 instruments of ratification or accession by States have been deposited with the Director General of WIPO. ...


ARTICLE-30: Effective Date of Becoming Party to the Treaty     [go to this ARTICLE]
... Effective Date of Becoming Party to the Treaty ...
... This Treaty shall bind ...
... (i) the 30 States referred to in Article 29, from the date on which this Treaty has entered into force; ...
... (iii) the European Community, from the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty according to Article 29, or, three months after the entry into force of this Treaty if such instrument has been deposited before the entry into force of this Treaty; ...
... (iii) the European Community, from the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty according to Article 29, or, three months after the entry into force of this Treaty if such instrument has been deposited before the entry into force of this Treaty; ...
... (iii) the European Community, from the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty according to Article 29, or, three months after the entry into force of this Treaty if such instrument has been deposited before the entry into force of this Treaty; ...
... (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]
... Denunciation of the Treaty ...
... 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]
... Languages of the Treaty ...
... (1) This Treaty is signed in a single original in English, Arabic, Chinese, French, Russian and Spanish languages, the versions in all these languages being equally authentic. ...
... (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. ...


ARTICLE-33: Depositary     [go to this ARTICLE]
... The Director General of WIPO is the depositary of this Treaty. ...