International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

A13.
INTERNATIONAL CONVENTION FOR THE PROTECTION OF
PERFORMERS, PRODUCERS OF PHONOGRAMS AND
BROADCASTING ORGANISATIONS [ROME CONVENTION]
[Done at Rome on October 26, 1961]The Contracting States, moved by the desire to protect the rights of performers, producers of phonograms, 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 purposes of this Convention, national treatment shall mean the treatment accorded by the domestic law of the Contracting State 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 purposes 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 or copies of a fixation;

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