The Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations is a treaty that was established in 1961 to establish minimum standards for the protection of the rights of performers, producers, and broadcasters. These rights, known as neighbouring rights, were not previously protected under copyright conventions. It is worth noting that the United States did not sign this treaty. However, neighbouring rights are now included in the copyright protection provided by TRIPs.
The Rome Convention on Related Rights, also known as the Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations, establishes the basic rights for performers, producers, and broadcasters. These rights include the control over the use of recordings and the right to receive compensation. The United States is not a party to this convention, but neighbouring rights are protected under the TRIPs agreement. Neighboring rights, which are a component of copyright protection, were not covered by the Paris Convention or the Berne Convention.
The Convention for the Protection of Performers, Producers of Phonograms (also known as the Rome Convention) is an international treaty that aims to protect the rights of performers and producers of phonograms (sound recordings) by granting them certain exclusive rights.
The Convention applies to performers, which includes actors, musicians, singers, and dancers, as well as producers of phonograms, which refers to individuals or companies that invest in the production of sound recordings.
The Convention grants performers the right to control the use of their performances, such as the right to authorize or prohibit their recordings from being reproduced, distributed, or broadcasted. Producers of phonograms are granted similar rights over the use of their sound recordings.
The protection under the Convention generally lasts for 50 years from the end of the year in which the performance or sound recording was first fixed or published, depending on the national legislation of each country.
Yes, performers and producers of phonograms can transfer their rights to others through contracts or agreements. However, the Convention also provides certain safeguards to ensure that performers are adequately protected and compensated.
The Convention provides for various remedies in case of infringement, including the right to seek damages, injunctions, and other appropriate measures to stop the unauthorized use of performances or sound recordings.
Yes, the Convention allows for certain exceptions and limitations to the rights granted, such as for educational or research purposes, news reporting, or private use. However, these exceptions should not unreasonably prejudice the legitimate interests of performers and producers of phonograms.
The Convention establishes minimum standards of protection for performers and producers of phonograms, which member countries are required to implement in their national legislation. This ensures a level of consistency and harmonization in the international protection of these rights.
While the Convention primarily applies to countries that have ratified or acceded to it, performers and producers of phonograms may still be able to enforce their rights in non-member countries through bilateral agreements, national laws, or other international treaties.
The Convention provides performers and producers of phonograms with a legal framework to protect their creative works and ensure fair compensation for their contributions. It helps safeguard their economic and moral rights, promoting a thriving and sustainable creative industry.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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