International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations in United States

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

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 State 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 against 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 the 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 shall 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 ratification, 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 cease 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
Convention;
(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 shall
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 in 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.