Contents
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Article 1
Protection granted under this Convention shall leave intact and shall in
no way affect the protection of copyright in literary and artistic works.
Consequently, no provision of this Convention may be interpreted as
prejudicing such protection.
Article 2
1. For the purpose of this Convention, national treatment shall mean the
treatment accorded by the domestic law of the Contracting States in which
protection is claimed:
(a) to performers who are its nationals, as regards performances taking
place, broadcast, or first fixed, on its territory;
(b) to producers of phonograms who are its nationals, as regards
phonograms first fixed or first published on its territory;
(c) to broadcasting organisations which have their headquarters on its
territory, as regards broadcasts transmitted from transmitters
situated on its territory.
2. National treatment shall be subject to the protection specifically
guaranteed, and the limitations specifically provided for, in this
Convention.
Article 3
For the purpose of this Convention:
(a) “performers”means actors, singers, musicians, dancers, and other
persons who act, sing, deliver, declaim, play in, or otherwise
perform literary or artistic works;
(b) “phonogram”means any exclusively aural fixation of sounds of a
performance or of other sounds;
(c) “producer of phonograms”means the person who, or the legal entity
which, first fixes the sounds of a performance or other sounds;
(d) “publication”means the offering of copies of a phonogram to the
public in reasonable quantity;
(e) “reproduction”means the making of a copy of a fixation;
(f) “broadcasting”means the transmission by wireless means for public
reception of sounds or of images and sounds;
(g) “rebroadcasting”means the simultaneous broadcasting by one
broadcasting organisation of another broadcasting organisation.
Article 4
Each Contracting States shall grant national treatment to performers if
any of the following conditions is met:
(a) the performance takes place in another Contracting States;
(b) the performance is incorporated in a phonogram which is protected
under Article 5 of this Convention;
(c) the performance, not being fixed on a phonogram, is carried by a
broadcast which is protected by Article 6 of this Convention.
Article 5
1. Each Contracting State shall grant national treatment to producers of
phonograms if any of the following conditions is met:
(a) the producer of phonogram is a national of another Contracting
State (criterion of nationality);
(b) the first fixation of the sound was made in another Contracting
State (criterion of fixation);
(c) the phonogram was first published in another Contracting State
(criterion of publication).
2. If a phonogram was first published in a non-contracting State but if
it was also published, within thirty days of its first publication, in a
Contracting State (simultaneous publication), it shall be considered as
first published in the Contracting State.
3. By means of a notification deposited with the Secretary-General of the
United Nations, any Contracting State may declare that it will not apply
the criterion of publication or, alternatively, the criterion of
fixation. Such notification may be deposited at the time of ratification,
acceptance or accession, or at any time thereafter; in the last case, it
shall become effective six months after it has been deposited.
Article 6
1. Each Contracting State shall grant national treatment to broadcasting
organisations if any of the following conditions is met:
(a) the headquarters of the broadcasting organisation is situated in
another Contracting State;
(b) the broadcast was transmitted from a transmitter situated in
another Contracting State;
2. By means of a notification deposited with the Secretary-General of the
United Nations, any Contracting State may declare that it will protect
broadcasts only if the headquarters of the broadcasting organisation is
situated in another Contracting State and the broadcast was transmitted
from a transmitter situated in the same Contracting State. Such
notification may be deposited at the time of ratification, acceptance or
accession, or at any time thereafter; in the last case, it shall become
effective six months after it has been deposited.
Article 7
1. The protection provided for performers by this Convention shall
include the possibility of preventing:
(a) the broadcasting and the communication to the public, without their
consent, of their performance, except where the performance used in
the broadcasting or the communication is itself already a broadcast
performance or is made from a fixation;
(b) the fixation, without their consent, of their unfixed performance;
(c) the reproduction, without their consent, of a fixation of their
performance:
(i) if the original fixation itself was made without their
consent;
(ii) if the reproduction is made for purposes different from those
for which the performers gave their consent;
(iii) if the original fixation was made in accordance with the
provisions of Article 15, and the reproduction is made for
purposes different from those referred to in those
provisions.
2. (1) If broadcasting was consented to by the performers, it shall be a
matter for the domestic law of the Contracting State where protection is
claimed to regulate the protection against rebroadcasting, fixation for
broadcasting purposes, and the reproduction of such fixation for
broadcasting purposes.
(2) The term and conditions governing the use by broadcasting
organisations of fixations made for broadcasting purposes shall be
determined in accordance with the domestic law of the Contracting
State where protection is claimed.
(3) However, the domestic law referred to in sub-paragraphs (1) and (2)
of this paragraph shall not operate to deprive performers of the
ability to control, by contract, their relations with broadcasting
organisations.
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international
Mentioned in these Entries
Conventions: Chronological Index 1951-1970, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 2, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 3, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 4, Trade and Commercial Relations conventions.