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

Article 17

Any State which, on October 26, 1961, grants protection to producers of
phonograms solely on the basis of the criterion of fixation may, by a
notification deposited with the Secretary-General of the United Nations
at the time of ratification, acceptance or accession, declare that it
will apply, for the purpose of paragraph 1 (a) (iii) and (iv) of Article
16, the criterion of fixation instead of the criterion of nationality.

Article 18

Any State which has deposited a notification under paragraph 3 of Article
5, paragraph 2 of Article 6, paragraph 1 of Article 16 or Article 17,
may, by a further notification deposited with the Secretary-General of
the United Nations, reduce its scope or withdraw it.

Article 19

Notwithstanding anything in this Convention, once a performer has
consented to the incorporation of his performance in a visual or
audio-visual fixation, Article 7 shall have no further application.

Article 20

1. This Convention shall not prejudice rights acquired in any Contracting
State before the date of coming into force of this Convention for that
State.

2. No Contracting State shall be bound to apply the provisions of this
Convention to performances or broadcasts which took place, or to
phonograms which were fixed, before the date of coming into force of this
Convention for that State.

Article 21

The protection provided for in this Convention shall not prejudice any
protection otherwise secured to performers, producers of phonograms and
broadcasting organisations.

Article 22

Contracting State reserve the right to enter into special agreements
among themselves in so far as such agreements grant to performers,
producers of phonograms or broadcasting organisations more extensive
rights than those granted by this Convention or contain Other provisions
not contrary to this Convention.

Article 23

This Convention shall be deposited with the Secretary-General of the
United Nations. It shall be open until June 30, 1962, for signature by
any State invited to the Diplomatic Conference on the International
Protection of Performers, Producers of Phonograms and Broadcasting
Organisations which is a party to the Universal Copyright Convention or a
member of the International Union for the Protection of Literary and
Artistic Works.

Article 24

1. This Convention shall be subject to ratification or acceptance by the
signatory States.

2. This Convention shall be open for accession by any State invited to
the Conference referred to in Article 23, and by any State Member of the
United Nations, provided that in either case such State is a party to the
Universal Copyright Convention or a member of the International Union for
the Protection of Literary and Artistic Works.

3. Ratification, acceptance or accession shall be effected by the deposit
of an instrument to that effect with the Secretary-General of the United
Nations.

Article 25

1. This Convention shall come into force three months after the date of
deposit of the sixth instrument of ratification, acceptance or accession.

2. Subsequently, this Convention shall come into force in respect of each
State three months after the date of deposit of its instrument of
ratification, acceptance or accession.

Article 26

1. Each Contracting State undertakes to adopt, in accordance with its
Constitution, the measures necessary to ensure the application of this
Convention.

2. At the time of deposit of its instrument of ratification, acceptance
or accession, each State must be in a position under its domestic law to
give effect to the terms of this Convention.

Article 27

1. Any State may, at the time of ratification, acceptance or accession,
or any time thereafter, declare by notification addressed to the
Secretary-General of the United Nations that this Convention shall extend
to all or any of the territories for whose international relations it is
responsible, provided that the Universal Copyright Convention or the
International Convention for the Protection of Literary and Artistic
Works applies to the territory or territories concerned. This
notification shall take effect three months after the date of its
receipt.

2. The notification referred to in paragraph 3 of Article 5, paragraph 2
of Article 6, paragraph 1 of Article 16 and Article 17 and 18, may be
extended to cover all or any of the territories referred to in paragraph
1 of this Article.

Article 28

1. Any Contracting State may denounce this Convention, on its own behalf,
or on behalf of any of the territories referred to in Article 27.

2. The denunciation shall be effected by a notification addressed to the
Secretary-General of the United Nations and shall take effect twelve
months after the date of receipt of the notification.

3. The right of denunciation shall not be exercised by a Contracting
State before the expiry of a period of five years from the date on which
the Convention came into force with respect to that State.

4. A Contracting State shall cease to be a party to this Convention from
that time when it is neither a party to the Universal Copyright
Convention nor a member of the International Union for the Protection of
Literary and Artistic Works.

5. This Convention shall cease to apply to any territories referred to in
Article 27 from that time when neither the Universal Copyright Convention
nor the International Convention for the Protection of Literary and
Artistic Works applies to that territory.

Author: international

Mentioned in these Entries

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