BH588.txt

CONVENTION FOR THE PROTECTION OF PRODUCERS OF PHONOGRAMS

AGAINST UNAUTHORIZED DUPLICATION OF THEIR PHONOGRAMS (1971)

Entry into Force: 18 April 1973


The Contracting States,

Concerned at the widespread and increasing unauthorized duplication

of phonograms and the damage this is occasioning to the interests of

authors, performers and producers of phonograms;

Convinced that the protection of producers of phonograms against

such acts will also benefit the performers whose performances, and the

authors whose works, are recorded on the said phonograms;

Recognizing the value of the work undertaken in this field by the

United Nations Educational, Scientific and Cultural Organization and the

World Intellectual Property Organization;

Anxious not to impair in any way international agreements already in

force and in particular in no way to prejudice wider acceptance of the

Rome Convention of October 26, 1961, which affords protection to

performers and to broadcasting organizations as well as to producers of

phonograms;

Have agreed as follows;



Article 1

For the purpose of this Convention:

(a) "phonogram" means any exclusively aural fixation of sounds of a

performance or of other sounds;

(b) "producer of phonograms" means the person who, or the legal entity

which, first fixes the sounds of a performance or other sounds;

(c) "duplicate" means an article which contains sounds taken directly or

indirectly from a phonogram and which embodies all or a substantial part

of the sounds fixed in that phonogram;

(d) "distribution to the public" means any act by which duplicates of a

phonogram are offered, directly or indirectly, to the general public or

any section thereof.



Article 2

Each Contracting State shall protect producers of phonograms who are

nationals of other Contracting State against the making of duplicates

without the consent of the producer and against the importation of such

duplcates, provided that any such making or importation is for the

purpose of distribution to the public, and against the distribution of

such duplicates to the public.



Article 3

The means by which this Convention is implemented shall be a matter

for the domestic law of each Contracting State and shall include one or

more of the following: protection by means of the grant of a copyright or

other specific right; protection by means of the law relating to unfair

competition; protection by means of penal sanctions.



Article 4

The duration of the protection given shall be a matter for the

domestic law of each Contracting State. However, if the domestic law

prescribes a specific duration for the protection, that duration shall

not be less than twenty years from the end either of the year in which

the sounds embodied in the phonogram were first fixed or of the year in

which the phonogram was first published.



Article 5

If, as a condition of protecting the producers of phonograms, a

Contracting State, under its domestic law, requires compliance with

formalities, these shall be considered as fulfilled if all the authorized

duplicates of the phonogram distributed to the public or their containers

bear a notice consisting of the symbol [P in circle], accompanied by the

year date of the first publication, placed in such a manner as to give

reasonable notice of claim of protection; and, if the duplicates or their

containers do not identify the producer, his successor in title or the

exclusive licensee (by carrying his name, trademark or other appropriate

designation), the notice shall also include the name of the producer, his

successor in title or the exclusive licensee.



Article 6

Any Contracting State which affords protection by means of copyright

or other specific right, or protection by means of penal sanctions, may

in its domestic law provide, with regard to the protection ofproducers

of phonograms, the same kinds of limitations as are permitted with

respect to the protection of authors of literary and artistic works.

However, no compulsory licenses may be permitted unless all of the

following conditions are met:

(a) the duplication is for use solely for the purpose of teaching or

scientific research;

(b) the license shall be valid for duplication only within the the

territory of the Contracting State whose competent authority has

granted the license and shall not extend to the export of

duplicates;

(c) the duplication made under the license gives rise to an equitable

remuneration fixed by the said authority taking into account, inter

alia, the number of duplicates which will be made.



Article 7

(1) This Convention shall in no way be interpreted to limit or prejudice

the protection otherwise secured to authors, to performers, to producers

of phonograms or to broadcasting organizations under any domestic law or

international agreement.

(2) It shall be a matter for the domestic law of each Contracting State

to determine the extent, if any, to which performers whose performances

are fixed in a phonogram are entitled to enjoy protection and the

conditions for enjoying any such protection.

(3) No Contracting State shall be required to apply the provisions of

this Convention to any phonogram fixed before this Convention entered

into force with respect to that State.

(4) Any Contracting State which, on October 29, 1971, affords protection

to producers of phonograms solely on the basis of the place of first

fixation may, by a notification deposited with the Director General of

the World Intellectual Property Organization, declare that it will apply

this criterion instead of the criterion of the nationality of the

producer.



Article 8

(1) The International Bureau of the World Intellectual Property

Organization shall assemble and publish information concerning the

protection of phonograms. Ech Contracting State shall promptly

communicate to the International Bureau all new laws and official texts

on this subject.

(2) The International Bureau shall, on request, furnish information to

any Contracting State on matters concerning this Convention, and shall

conduct studies and provide services designed to facilitate the

protection provided for therein.

(3) The International Bureau shall exercise the functions enumerated in

paragraphs (1) and (2) above in cooperation, for matters within their

respective competence, with the United Nations Educational, Scientific

and Cultural Organization and the International Labour Organization.



Article 9

(1) This Convention shall be deposited with the Secretary-General of the

United Nations. It shall be open until April 30, 1972, for signature by

any State that is a member of the United Nations, any of the Specialized

Agencies brought into relationship with the United Nations, or the

International Atomic Energy Agency, or is a party to the Statute of the

International Court of Justice.

(2) This Convention shall be subject to ratification or acceptance by the

signatory States. It shall be open for accession by any State referred to

in paragraph (1) of this Article.

(3) Instruments of ratification, acceptance or accession shall be

deposited with the Secretary-General of the United Nations.

(4) It is understood that, at the time a State becomes bound by this

Convention, it will be in a position in accordance with its domestic law

to give effect to the provisions of the Convention.



Article 10

No reservations to this Convention are permitted.



Article 11

(1) This Convention shall enter into force three months after deposit of

the fifth instrument of ratification, acceptance or accession.

(2) For each State ratifying, accepting or acceding to this Convention

after the deposit of the fifth instrument of ratification, acceptance or

accession, the Convention shall enter nto force three months after the

date on which the Director General of the World Intellectual Property

Organization informs the States, in accordance with Article 13, paragraph

(4), of the deposit of its instrument.

(3) Any State may, at the time of ratification, acceptance or accession

or at any late date, declare by notification addressed to the

Secretary-General of the United Nations that this Convention shall apply

to all or any one of the territories for whose international affairs it

is responsible. This notification will take effect three months after the

date on which it is received.

(4) However, the preceding paragraph may in no way be understood as

implying the recognition or tacit acceptance by a Contracting State of

the factual situation concerning a territory to which this Convention is

made applicable by another Contracting State by virtue of the said

paragraph.



Article 12

(1) Any Contracting State may denounce this Convention, on its own behalf

or on behalf of any of the territories referred to in Article 11,

paragraph (3), by written notification addressed to the Secretary-General

of the United Nations.

(2) Denunciation shall take effect twelve months after the date on which

the Secretary-General of the United Nations has received the

notification.

Article 13

(1) This Convention shall be signed in a single copy in English, French,

Russian and Spanish, the four texts being equally authentic.

(2) Official texts shall be established by the Director General of the

World Intellectual Property Organization, after consultation with the

interested Governments, in the Arabic, Dutch, Italian and Portuguese

languages.

(3) The Secretary-General of the United Nations shall notify the Director

General of the World Intellectual Property Organization, the

Director-General of the United Nations Educational, Scientific and

Cultural Organization and the Director-General of the International

Labour Office of:

(a) signatures to this Conventin;

(b) the deposit of instruments of ratification, acceptance or

accession;

(c) the date of entry into force of this Convention;

(d) any declaration notified pursuant to Article 11, paragraph

(3);

(e) the receipt of notifications of denunciation.



(4) The Director General of the World Intellectual Property Organization

shall inform the States referred to in Article 9, paragraph (1), of the

notifications received pursuant to the preceding paragraph and of any

declarations made under Article 7, paragraph (4). He shall also notify

the Director-General of the United Nations Educational, Scientific and

Cultural Organization and the Director- General of the International

Labour Office of such declarations.

(5) The Secretary-General of the United Nations shall transmit two

certified copies of this Convention to the States referred to in Article

9, paragraph (1).



IN WITNESS WHEREOF, the undersigned, being duly authorized, have

signed this Conventions.

DONE at Geneva, this twenty-ninth

day of October, 1971.

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Copy contributed by Takahito Miki

<miki@homespun.perfect-liberty.or.jp> Mon Aug 1 02:15:56 1994