BH423.txt (496 UNTS 43)



INTERNATIONAL CONVENTION FOR THE PROTECTION OF

PERFORMERS, PRODUCERS OF PHONOGRAMS

AND BROADCASTING ORGANISATIONS (1961)

Entry Into Force: 18 May 1964



The Contracting States, moved by the desire to protect the rights of

performers, producers and broadcasting organisations,

Have agreed as follows:

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 Stte 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 agains 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.

Article 8

Any Contracting State may, by its domestic law and regulations, specify

the manner in which performers will be represented in connexion with the

exercise of their rights if several of them participate in the same

performance.

Article 9

Any Contracting State may, by its domestic law and regulations, extend

the protection provided for this Convention to artistes who do not

perform literary or artistic works.

Article 10

Producers of phonograms shall enjoy the right to authorise or prohibit

the direct or indirect reproduction of their phonograms.

Article 11

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

or of performers, or both, in relation to phonograms, a Contracting

State, under its domestic law, requires compliance with formalities,

these shall be considered as fulfilled if all the copies in commerce of

the published phonogram 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 copies or their containers do not

identify the producer or the licensee of the producer (by carrying his

name, trade mark or other appropriate designation), the notice shall also

include the name of the owner of the rights of te producer; and,

furthermore, if the copies or their containers do not identify the

principal performers, the notice shall also include the name of the

person who, in the country in which the fixation was effected, owns the

rights of such performers.

Article 12

If a phonogram published for commercial purposes, or a reproduction of

such phonogram, is used directly for broadcasting or for any

communication to the public, a single equitable remuneration shall be

paid by the user to the performers, or to the producers of the

phonograms, or to both. Domestic law may, in the absence of agreement

between these parties, lay down the conditions as to the sharing of this

remuneration.

Article 13

Broadcasting organisations shall enjoy the right to authorise or

prohibit:

(a) the rebroadcasting of their broadcasts;

(b) the fixation of their broadcasts;

(c) the reproduction:

(i) of fixations, made without their consent, of their

broadcasts;

(ii) of fixations, made in accordance with the provisions of

Article 15, of their broadcasts, if the reproduction is made

for purposes different from those referred to in those

provisions;

(d) the communication to the public of their television broadcasts if

such communication is made in place accessible to the public

against payment of an entrance fee; it shall be a matter for the

domestic law of the State where protection of this right is claimed

to determine the conditions under which it may be exercised.

Article 14

The term of protection to be granted under this Convention shall last at

least until the end of a period of twenty years computed from the end of

the year in which:

(a) the fixation was made - for the phonograms and for the for

performances incorporated therein;

(b) the performance took place - for performances not incorporated in

phonograms;

(c) the broadcast took place - for broadcasts.

Article 15

1. Any Contracting State may, in its domestic laws and regulations,

provide for exceptions to the protection guaranteed by this Convention as

regards:

(a) private use;

(b) use of short excerpts in connexion with the reporting of current

events;

(c) ephemeral fixation by a broadcasting organisation by means of its

own facilities and for its own broadcasts;

(d) use solely for the purposes of teaching or scientific research.

2. Irrespective of paragraph 1 of this Article, any Contracting State

may, in its domestic laws and regulations, provide for the same kinds of

limitations with regard to the protection of performers, producers of

phonograms and broadcasting organisations, as it provides for, in its

domestic laws and regulations, in connexion with the protection of

copyright in literary and artistic works. However, compulsory licences

may be provided for only to the extent to which they are compatible with

this Convention.

Article 16

1. Any State, upon becoming party to this Convention, shall be bound by

all the obligations and shall enjoy all the benefits thereof. However, a

State may at any time, in a notification deposited with the

Secretary-General of the United Nations, declare that:

(a) as regards Article 12:

(i) it will not apply the provisions of that Article;

(ii) it will not apply the provisions of that Article in respect

of certain uses;

(iii) as regards phonograms the producer of which is not a national

of another Contracting State, it will not apply that Article;

(iv) as regards phonograms the producer of which is a national of

another Contracting State, it will limit the protection

provided for by that Article to the extent to which, and to

the term for which, the latter State grants protection to

phonograms first fixed by a national of the State making the

declaration; however, the fact that the Contracting State of

which the producer is a national does not grant the

protection to the same beneficiary or beneficiaries as the

State making the declaration shall not be considered as a

difference in the extent of the protection;

(b) as regards Article 13, it will not apply item (d)of that Article;

if a Contracting State makes such a declaration, the other

Contracting State shall not be obliged to grant the right referred

to in Article 13, item (d), to broadcasting organisations whose

headquarters are in that State.

2. If the notification referred to in paragraph 1 of this Article is made

after the date of the deposit of the instrument of ratification,

acceptance or accession, the declaration will become effective six months

after it has been deposited.

Article 17

Any State which, on October 26, 1961, grants protection to producers of

phonograms solely on the basis of the criterion of fixation may, by a

notification deposited with the Secretary-General of the United Nations

at the time of ratification, acceptance or accession, declare that it

will apply, for the purpose of paragraph 1 (a) (iii) and (iv) of Article

16, the criterion of fixation instead of the criterion of nationality.

Article 18

Any State which has deposited a notification under paragraph 3 of Article

5, paragraph 2 of Article 6, paragraph 1 of Article 16 or Article 17,

may, by a further notification deposited with the Secretary-General of

the United Nations, reduce its scope or withdraw it.

Article 19

Notwithstanding anything in this Convention, once a performer has

consented to the incorporation of his performance in a visual or

audio-visual fixation, Article 7 shall have no further application.

Article 20

1. This Convention shall not prejudice rights acquired in any Contracting

State before the date of coming into force of this Convention for that

State.

2. No Contracting State sall be bound to apply the provisions of this

Convention to performances or broadcasts which took place, or to

phonograms which were fixed, before the date of coming into force of this

Convention for that State.

Article 21

The protection provided for in this Convention shall not prejudice any

protection otherwise secured to performers, producers of phonograms and

broadcasting organisations.

Article 22

Contracting State reserve the right to enter into special agreements

among themselves in so far as such agreements grant to performers,

producers of phonograms or broadcasting organisations more extensive

rights than those granted by this Convention or contain other provisions

not contrary to this Convention.

Article 23

This Convention shall be deposited with the Secretary-General of the

United Nations. It shall be open until June 30, 1962, for signature by

any State invited to the Diplomatic Conference on the International

Protection of Performers, Producers of Phonograms and Broadcasting

Organisations which is a party to the Universal Copyright Convention or a

member of the International Union for the Protection of Literary and

Artistic Works.

Article 24

1. This Convention shall be subject to ratification or acceptance by the

signatory States.

2. This Convention shall be open for accession by any State invited to

the Conference referred to in Article 23, and by any State Member of the

United Nations, provided that in either case such State is a party to the

Universal Copyright Convention or a member of the International Union for

the Protection of Literary and Artistic Works.

3. Ratification, acceptance or accession shall be effected by the deposit

of an instrument to that effect with the Secretary-General of the United

Nations.

Article 25

1. This Convention shall come into force three months after the date of

deposit of the sixth instrument of ratificatin, acceptance or accession.

2. Subsequently, this Convention shall come into force in respect of each

State three months after the date of deposit of its instrument of

ratification, acceptance or accession.

Article 26

1. Each Contracting State undertakes to adopt, in accordance with its

Constitution, the measures necessary to ensure the application of this

Convention.

2. At the time of deposit of its instrument of ratification, acceptance

or accession, each State must be in a position under its domestic law to

give effect to the terms of this Convention.

Article 27

1. Any State may, at the time of ratification, acceptance or accession,

or any time thereafter, declare by notification addressed to the

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

to all or any of the territories for whose international relations it is

responsible, provided that the Universal Copyright Convention or the

International Convention for the Protection of Literary and Artistic

Works applies to the territory or territories concerned. This

notification shall take effect three months after the date of its

receipt.

2. The notification referred to in paragraph 3 of Article 5, paragraph 2

of Article 6, paragraph 1 of Article 16 and Article 17 and 18, may be

extended to cover all or any of the territories referred to in paragraph

1 of this Article.

Article 28

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

or on behalf of any of the territories referred to in Article 27.

2. The denunciation shall be effected by a notification addressed to the

Secretary-General of the United Nations and shall take effect twelve

months after the date of receipt of the notification.

3. The right of denunciation shall not be exercised by a Contracting

State before the expiry of a period of five years from the date on which

the Convention came into force with respect to that State.

4. A Contracting State shall cese to be a party to this Convention from

that time when it is neither a party to the Universal Copyright

Convention nor a member of the International Union for the Protection of

Literary and Artistic Works.

5. This Convention shall cease to apply to any territories referred to in

Article 27 from that time when neither the Universal Copyright Convention

nor the International Convention for the Protection of Literary and

Artistic Works applies to that territory.

Article 29

1. After this Convention has been in force for five years, any

Contracting State may, by notification addressed to the Secretary-

General of the United Nations, request that a conference be convened for

the purpose of revising the Convention. The Secretary-General shall

notify all Contracting State of this request. If, a period of six months

following the date of notification by the Secretary-General of the United

Nations, not less than one half of the Contracting States notify him of

their concurrence with the request, the Secretary-General shall inform

the Director-General of the International Labour Office, the

Director-General of the United Nations Educational, Scientific and

Cultural Organization and the Director of the Bureau of the International

Union for the Protection of Literary and Artistic Works, who shall

convene a revision conference in co-operation with the Intergovernmental

Committee provided for in Article 32.

2. The adoption of any revision of this Convention shall require an

affirmative vote by two-thirds of the States attending the revision

conference, provided that this majority includes two-thirds of the States

which, at the time of the revision conference, are parties to the

Convention.

3. In the event of adoption of a Convention revising this this Convention

in whole or in part, and unless the revising Convention provides

otherwise:

(a) this Convention shall cease to be open to ratification, acceptance

or accession as from the date of entry into force of the revising

Conventin;

(b) this Convention shall remain in force as regards relations between

or with Contracting States which have not become parties to the

revising Convention.

Article 30

Any dispute which may arise between two or more Contracting States

concerning the interpretation or application of this Convention and which

is not settled by negotiation shall, at the request of any one of the

parties to the dispute, be referred to the International Court of Justice

for decision, unless they agree to another mode of settlement.

Article 31

Without prejudice to the provision of paragraph 3 of Article 5, paragraph

2 of Article 6, paragraph 1 of Article 16 and Article 17, no reservations

may be made to this Convention.

Article 32

1. An Intergovernmental Committee is hereby established with the

following duties:

(a) to study questions concerning the application and operation of this

Convention; and

(b) to collect proposals and to prepare documentation for possible

revision of this Convention.

2. The Committee shall consist of representatives of the Contracting

States, chosen with due regard to equitable geographical distribution.

The number of members shall be six if there are twelve Contracting States

or less, nine if there are thirteen to eighteen Contracting States and

twelve if there are more than eighteen Contracting States.

3. The Committee shall be constituted twelve months after the Convention

comes into force by an election organised among the Contracting States,

each of which shall have one vote, by the Director-General of the

International Labour Office, the Director- General of the United Nations

Educational, Scientific and Cultural Organization and the Director of the

Bureau of the International Union for the Protection of Literary and

Artistic Works, in accordance with rules previously approved by a

majority of all Contracting States.

4. The Committee shall elect its Chairman and officers. It shal

establish its own rules of procedure. These rules shall in particular

provide for the future operation of the committee and for a method of

selecting its members for the future in such a way to ensure rotation

among the various Contracting States.

5. Officials of the International Labour Office, the United Nations

Educational, Scientific and Cultural Organization and the Bureau of the

International Union for the Protection of Literary and Artistic Works,

designated by the Directors-General and the Director thereof, shall

constitute the Secretariat of the Committee.

6. Meetings of the Committee, which shall be convened whenever a majority

of its members deems it necessary, shall be held successively at the

headquarters of the International Labour Office, the United Nations

Educational, Scientific and Cultural Organization and the Bureau of the

International Union for the Protection of Literary and Artistic Works.

7. Expenses of members of the Committee shall be borne by their

respective Governments.

Article 33



1. The present Convention is drawn up in English, French and Spanish, the

three texts being equally authentic.

2. In addition, official texts of the present Convention shall be drawn

up in German, Italian and Portuguese.

Article 34

1. The Secretary-General of the United Nations shall notify the States

invited to the Conference referred to in Article 23 and every State

Member of the United Nations, as well as the Director-General of the

International Labour Office, the Director-General of the United Nations

Educational, Scientific and Cultural Organization and the Director of the

Bureau of the International Union for the Protection of Literary and

Artistic Works:

(a) of the deposit of each instrument of ratification, acceptance or

accession;

(b) of the date of entry into force of the Convention;

(c) of all notifications, declarations or communications provided for

in this Convention;

(d) if any of the situations referred to n paragraph 4 and 5 of

Article 28 arise.

2. The Secretary-General of the United Nations shall also notify the

Director-General of the International Labour Office, the Director-General

of the United Nations Educational, Scientific and Cultural Organization

and the Director of the Bureau of the International Union for the

Protection of Literary and Artistic Works of the requests communicated to

him in accordance with Article 29, as well as of any communication

received from the Contracting States concerning the revision of the

Convention.





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

signed this Convention.

DONE at Rome, this twenty-sixth day of October 1961, in a single

copy in the English, French and Spanish languages. Certified true copies

shall be delivered by the Secretary-General of the United Nations to all

the States invited to the Conference referred to in Article 23 and to

every State Member of the United Nations, as well as to the

Director-General of the International Labour Office, the Director-General

of the United Nations Educational, Scientific and Cultural Organization

and the Director of the of the Bureau of the International Union for the

Protection of Literary and Artistic Works.

----------------------------------------------------------------

Copy contributed by Takahito Miki

<miki@homespun.perfect-liberty.or.jp> Sat Jul 30 10:30:57 1994