Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms in the United States

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
duplicates, 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 of producers
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. 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
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 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 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 Convention;

(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.