International Convention for the Protection of Performers, Producers of Phonogra

Article 6: Protected Broadcasts: 1. Points of Attachment for Broadcasting Organizations; 2. Power to Reserve

Article 7: Minimum Protection for Performers: 1. Particular Rights; 2. Relations between Performers and Broadcasting Organizations

Article 8: Performers acting jointly

Article 9: Variety and Circus Artists

Article 10: Right of Reproduction for Phonogram Producers

Article 11: Formalities for Phonograms

Article 12: Secondary Uses of Phonograms

Article 13: Minimum Rights for Broadcasting Organizations

Article 14: Minimum Duration of Protection

Article 15: Permitted Exceptions: 1. Specific Limitations; 2. Equivalents with copyright

Article 16: Reservations

Article 17: Certain countries applying only the “fixation” criterion

Article 18: Withdrawal of reservations

Article 19: Performers’ Rights in Films

Article 20: Non–retroactivity

Article 21: Protection by other means

Article 22: Special agreements

Article 23: Signature and deposit

Article 24: Becoming Party to the Convention

Article 25: Entry into force

Article 26: Implementation of the Convention by the Provision of Domestic Law

Article 27: Applicability of the Convention to Certain Territories

Article 28: Denunciation of the Convention

Article 29: Revision of the Convention

Article 30: Settlements of disputes

Article 31: Limits on Reservations

Article 32: Intergovernmental Committee

Article 33: Languages

Article 34: Notifications
 
Article 6
Protected Broadcasts: 1. Points of Attachment for
Broadcasting Organizations; 2. Power to Reserve

 

1. Each Contracting State shall grant national treatment to broadcasting organisations if either 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
Minimum Protection for Performers: 1. Particular Rights;
2. Relations between Performers and Broadcasting Organizations

 

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 public 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 terms 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.

 

Article 8
Performers acting jointly

 

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

 

Article 9
Variety and Circus Artists

 

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