Convention for the Protection of Producers of Phonograms Against Unauthorized Du

3. Non–Retroactivity; 4. Substitution of the Criterion of Fixation

 

(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.

of October 29, 1971

TABLE OF CONTENTS1

Article 1: Definitions
Article 2: Obligations of Contracting States; Whom they must protect and against what
Article 3: Means of Implementation by Contracting States
Article 4: Term of Protection
Article 5: Formalities
Article 6: Limitations on Protection
Article 7: Savings: 1. Safeguard of Copyright and Neighboring Rights; 2. Protection for Performers; 3. Non–Retroactivity; 4. Substitution of the Criterion of Fixation
Article 8: Secretariat
Article 9: Joining the Convention: 1. Signature and Deposit; 2 and 3. Ratification and Accession; 4. States’ Obligations as to their Domestic Law
Article 10: Reservations
Article 11: Entry into Force and Applicability: 1 and 2. Entry into Force of the Convention; 3 and 4. Applicability of the Convention to Certain Territories
Article 12: Denunciation of the Convention
Article 13: Languages and Notifications
(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
Secretariat

 

(1) The International Bureau of the World Intellectual Property Organization shall assemble and publish information concerning the protection of phonograms. Each 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 paragraph (1) and paragraph (2) above in cooperation, for matters within their respective competence, with the United Nations Educational, Scientific and Cultural Organization and the International Labour Office.

 

Article 9
Joining the Convention:
1. Signature and Deposit;
2 and 3. Ratification and Accession;
4. States’ Obligations as to their Domestic Law

 

(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
Reservations

 

No reservations to this Convention are permitted.

 

Article 11
Entry into Force and Applicability:
1 and 2. Entry into Force of the Convention;
3 and 4. Applicability of the Convention to Certain Territories

 

(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 into 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 later 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.