WIPO Performances and Phonograms Treaty

Article 9
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

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.

CHAPTER III

RIGHTS OF PRODUCERS OF PHONOGRAMS

Article 11
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

(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

(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

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.

CHAPTER IV

COMMON PROVISIONS

Article 15
Right to Remuneration for Broadcasting and Communication to the Public

(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.

(2) Contracting Parties may establish in their national legislation that the
single equitable remuneration shall be claimed from the user by the performer or
by the producer of a phonogram or by both. Contracting Parties may enact
national legislation that, in the absence of an agreement between the performer
and the producer of a phonogram, sets the terms according to which performers
and producers of phonograms shall share the single equitable remuneration.

(3) Any Contracting Party may in a notification deposited with the Director
General of WIPO, declare that it will apply the provisions of paragraph (1) only
in respect of certain uses, or that it will limit their application in some
other way, or that it will not apply these provisions at all.

(4) For the purposes of this Article, phonograms made available to the public
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 shall be considered
as if they had been published for commercial purposes.
Article 16
Limitations and Exceptions

(1) Contracting Parties may, in their national legislation, provide for the
same kinds of limitations or exceptions with regard to the protection of
performers and producers of phonograms as they provide for, in their national
legislation, in connection with the protection of copyright in literary and
artistic works.

(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

(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

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.

Author: international