International Convention for the Protection of Performers, Producers of Phonogra

The Contracting States, moved by the desire to protect the rights of performers, producers of phonograms, and broadcasting organisations,

Have agreed as follows:

 

Article 1
Safeguard of Copyright Proper2

 

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
Protection given by the Convention.
Definition of National Treatment

 

1. For the purposes of this Convention, national treatment shall mean the treatment accorded by the domestic law of the Contracting State 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
Definitions: (a) Performers; (b) Phonogram; (c) Producers of Phonograms;
(d) Publication; (e) Reproduction; (f) Broadcasting; (g) Rebroadcasting

 

For the purposes 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 or copies 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 the broadcast of another broadcasting organisation.

 

Article 4
Performances Protected.
Points of Attachment for Performers

 

Each Contracting State shall grant national treatment to performers if any of the following conditions is met:

(a) the performance takes place in another Contracting State;

(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
Protected Phonograms: 1. Points of Attachment for Producers of Phonograms;
2. Simultaneous Publication; 3. Power to exclude certain Criteria

 

1. Each Contracting State shall grant national treatment to producers of phonograms if any of the following conditions is met:

(a) the producer of the 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.

Done at Rome on October 26, 1961
TABLE OF CONTENTS1

Article 1: Safeguard of Copyright Proper

Article 2: Protection given by the Convention. Definition of National Treatment

Article 3: Definitions: (a) Performers; (b) Phonogram; (c) Producers of Phonograms; (d) Publication; (e) Reproduction; (f) Broadcasting; (g) Rebroadcasting

Article 4: Performances Protected. Points of Attachment for Performers

Article 5: Protected Phonograms: 1. Points of Attachment for Producers of Phonograms; 2. Simultaneous Publication; 3. Power to exclude certain Criteria