International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

Article 8

Any Contracting State may, by its domestic law and regulations, specify
the manner in which performers will be represented in connexion with the
exercise of their rights if several of them participate in the same
performance.

Article 9

Any Contracting State may, by its domestic law and regulations, extend
the protection provided for this Convention to artistes who do not
perform literary or artistic works.

Article 10

Producers of phonograms shall enjoy the right to authorise or prohibit
the direct or indirect reproduction of their phonograms.

Article 11

If, as a condition of protecting the rights of producers of phonograms,
or of performers, or both, in relation to phonograms, a Contracting
State, under its domestic law, requires compliance with formalities,
these shall be considered as fulfilled if all the copies in commerce of
the published phonogram or their containers bear a notice consisting of
the symbol [P in circle], accompanied by the year date of the first
publication, placed in such a manner as to give reasonable notice of
claim of protection; and if the copies or their containers do not
identify the producer or the licensee of the producer (by carrying his
name, trade mark or other appropriate designation), the notice shall also
include the name of the owner of the rights of the producer; and,
furthermore, if the copies or their containers do not identify the
principal performers, the notice shall also include the name of the
person who, in the country in which the fixation was effected, owns the
rights of such performers.

Article 12
If a phonogram published for commercial purposes, or a reproduction of
such phonogram, is used directly for broadcasting or for any
communication to the public, a single equitable remuneration shall be
paid by the user to the performers, or to the producers of the
phonograms, or to both. Domestic law may, in the absence of agreement
between these parties, lay down the conditions as to the sharing of this
remuneration.

Article 13

Broadcasting organisations shall enjoy the right to authorise or
prohibit:

(a) the rebroadcasting of their broadcasts;
(b) the fixation of their broadcasts;
(c) the reproduction:
(i) of fixations, made without their consent, of their
broadcasts;
(ii) of fixations, made in accordance with the provisions of
Article 15, of their broadcasts, if the reproduction is made
for purposes different from those referred to in those
provisions;
(d) the communication to the public of their television broadcasts if
such communication is made in place accessible to the public
against payment of an entrance fee; it shall be a matter for the
domestic law of the State where protection of this right is claimed
to determine the conditions under which it may be exercised.

Article 14

The term of protection to be granted under this Convention shall last at
least until the end of a period of twenty years computed from the end of
the year in which:

(a) the fixation was made – for the phonograms and for the for
performances incorporated therein;
(b) the performance took place – for performances not incorporated in
phonograms;
(c) the broadcast took place – for broadcasts.

Article 15

1. Any Contracting State may, in its domestic laws and regulations,
provide for exceptions to the protection guaranteed by this Convention as
regards:

(a) private use;
(b) use of short excerpts in connexion with the reporting of current
events;
(c) ephemeral fixation by a broadcasting organisation by means of its
own facilities and for its own broadcasts;
(d) use solely for the purposes of teaching or scientific research.

2. Irrespective of paragraph 1 of this Article, any Contracting State
may, in its domestic laws and regulations, provide for the same kinds of
limitations with regard to the protection of performers, producers of
phonograms and broadcasting organisations, as it provides for, in its
domestic laws and regulations, in connexion with the protection of
copyright in literary and artistic works. However, compulsory licences
may be provided for only to the extent to which they are compatible with
this Convention.

Article 16

1. Any State, upon becoming party to this Convention, shall be bound by
all the obligations and shall enjoy all the benefits thereof. However, a
State may at any time, in a notification deposited with the
Secretary-General of the United Nations, declare that:

(a) as regards Article 12:
(i) it will not apply the provisions of that Article;
(ii) it will not apply the provisions of that Article in respect
of certain uses;
(iii) as regards phonograms the producer of which is not a national
of another Contracting State, it will not apply that Article;
(iv) as regards phonograms the producer of which is a national of
another Contracting State, it will limit the protection
provided for by that Article to the extent to which, and to
the term for which, the latter State grants protection to
phonograms first fixed by a national of the State making the
declaration; however, the fact that the Contracting State of
which the producer is a national does not grant the
protection to the same beneficiary or beneficiaries as the
State making the declaration shall not be considered as a
difference in the extent of the protection;
(b) as regards Article 13, it will not apply item (d)of that Article;
if a Contracting State makes such a declaration, the other
Contracting State shall not be obliged to grant the right referred
to in Article 13, item (d), to broadcasting organisations whose
headquarters are in that State.

2. If the notification referred to in paragraph 1 of this Article is made
after the date of the deposit of the instrument of ratification,
acceptance or accession, the declaration will become effective six months
after it has been deposited.

Author: international

Mentioned in these Entries

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, country.