International Copyright: Principles, Law, and Practice

By Paul Goldstein | Go to book overview

A15.
CONVENTION FOR THE PROTECTION OF PRODUCERS OF
PHONOGRAMS AGAINST UNAUTHORIZED DUPLICATION OF THEIR
PHONOGRAMS OF OCTOBER 29, 1971
[GENEVA PHONOGRAMS CONVENTION]
The Contracting States, concerned at the widespread and increasing unauthorized duplication of phonograms and the damage this is occasioning to the interests of authors, performers and producers of phonograms;convinced that the protection of producers of phonograms against such acts will also benefit the performers whose performances, and the authors whose works, are recorded on the said phonograms;recognizing the value of the work undertaken in this field by the United Nations Educational, Scientific and Cultural Organization and the World Intellectual Property Organization;anxious not to impair in any way international agreements already in force and in particular in no way to prejudice wider acceptance of the Rome Convention of October 26, 1961, which affords protection to performers and to broadcasting organizations as well as to producers of phonograms;have agreed as follows:
ARTICLE 1
For the purposes 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 States 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.

-457-

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