WIPO Performances and Phonograms Treaty (WPPT)

(adopted in Geneva on December 20, 1996)

TABLE OF CONTENTS

Preamble

CHAPTER I: General Provisions

Article : Relation to Other Conventions

Article 2: Definitions

Article 3: Beneficiaries of Protection under this Treaty

Article 4: National Treatment

CHAPTER II: Rights of Performers

Article 5: Moral Rights of Performers

Article 6: Economic Rights of Performers in their Unfixed Performances

Article 7: Right of Reproduction

Article 8: Right of Distribution

Article 9: Right of Rental

Article 10: Right of Making Available of Fixed Performances

CHAPTER III: Rights of Producers of Phonograms

Article 11: Right of Reproduction

Article 12: Right of Distribution

Article 13: Right of Rental

Article 14: Right of Making Available of Phonograms

CHAPTER IV: Common Provisions

Article 15: Right to Remuneration for Broadcasting and Communication to the Public

Article 16: Limitations and Exceptions

Article 17: Term of Protection

Article 18: Obligations concerning Technological Measures

Article 19: Obligations concerning Rights Management Information

Article 20: Formalities

Article 21: Reservations

Article 22: Application in Time

Article 23: Provisions on Enforcement of Rights

CHAPTER V: Administrative and Final Clauses

Article 24: Assembly

Article 25: International Bureau

Article 26: Eligibility for Becoming Party to the Treaty

Article 27: Rights and Obligations under the Treaty

Article 28: Signature of the Treaty

Article 29: Entry into Force of the Treaty

Article 30: Effective Date of Becoming Party to the Treaty

Article 31: Denunciation of the Treaty

Article 32: Languages of the Treaty

Article 33: Depositary
 

 

Preamble

 

The Contracting Parties,

Desiring to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible,

Recognizing the need to introduce new international rules in order to provide adequate solutions to the questions raised by economic, social, cultural and technological developments,

Recognizing the profound impact of the development and convergence of information and communication technologies on the production and use of performances and phonograms,

Recognizing the need to maintain a balance between the rights of performers and producers of phonograms and the larger public interest, particularly education, research and access to information,

Have agreed as follows:

 

CHAPTER I
General Provisions

 

Article 1
Relation to Other Conventions

 

(1) Nothing in this Treaty shall derogate from existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome, October 26, 1961 (hereinafter the “Rome Convention”).

(2) Protection granted under this Treaty shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Consequently, no provision of this Treaty may be interpreted as prejudicing such protection.1

(3) This Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under, any other treaties.

 

Article 2
Definitions

 

For the purposes of this Treaty:

(a) “performers” are actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore;

(b) “phonogram” means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;2

(c) “fixation” means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device;

(d) “producer of a phonogram” means the person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds;

(e) “publication” of a fixed performance or a phonogram means the offering of copies of the fixed performance or the phonogram to the public, with the consent of the rightholder, and provided that copies are offered to the public in reasonable quantity;3

(f) “broadcasting” means the transmission by wireless means for public reception of sounds or of images and sounds or of the representations thereof; such transmission by satellite is also “broadcasting”; transmission of encrypted signals is “broadcasting” where the means for decrypting are provided to the public by the broadcasting organization or with its consent;