The Geneva Phonograms Convention, also known as the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms or the Phonograms Convention, was established in 1971. Its purpose is to safeguard music producers from piracy and the importation of pirated copies. This treaty prohibits the unauthorized copying or selling of music without permission. Its creators aimed to ensure fair treatment of music producers and enable them to earn a livelihood from their creative work.
The Geneva Phonograms Convention, established in 1971, aims to safeguard phonourecord producers from piracy and the importation of pirated copies. It achieves this objective through copyright protection, unfair-competition law, or criminal sanctions. WIPO and UNESCO representatives collaborated to create this treaty, addressing the shortcomings of the Rome Convention. It is also referred to as the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms or simply the Phonograms Convention. An instance of the Geneva Phonograms Convention in action is when a record company files a lawsuit against an individual for unlawfully copying and distributing their music. The treaty grants legal protection to the record company, enabling them to seek compensation for the infringement. Another example is when customs officials seize a shipment of pirated CDs at the border. The treaty permits the confiscation of these illicit copies and the imposition of penalties on those accountable for their production and distribution. These examples exemplify how the Geneva Phonograms Convention safeguards the rights of phonourecord producers and prevents the unauthorized duplication and distribution of their works.
The Geneva Phonograms Convention, also known as the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, is an international treaty that aims to protect the rights of producers of phonograms (sound recordings) against unauthorized duplication and distribution.
The Geneva Phonograms Convention was adopted on October 29, 1971.
As of now, there are 78 countries that are parties to the Geneva Phonograms Convention, including major economies such as the United States, Germany, France, and Japan.
The Geneva Phonograms Convention grants producers of phonograms the exclusive right to authorize or prohibit the direct or indirect reproduction of their phonograms, as well as the importation and distribution of unauthorized copies.
The protection under the Geneva Phonograms Convention generally lasts for 50 years from the end of the year in which the phonogram was first published or made.
Yes, the Geneva Phonograms Convention allows individuals to use phonograms for personal use, such as listening to music at home or in private gatherings, without infringing on the rights of the producer.
The penalties for infringing on the rights protected under the Geneva Phonograms Convention vary from country to country. Generally, they can include monetary damages, injunctions, and even criminal charges in some cases.
Making a cover version of a song protected under the Geneva Phonograms Convention may require obtaining permission from the producer of the original phonogram, as they hold the exclusive rights to authorize or prohibit reproductions.
Sharing a phonogram protected under the Geneva Phonograms Convention on social media platforms without the authorization of the producer may infringe on their rights. It is advisable to seek permission or use platforms that have proper licensing agreements in place.
To determine if a phonogram is protected under the Geneva Phonograms Convention, you can check the country of origin of the phonogram and see if that country is a party to the convention. Additionally, you can consult legal experts or copyright databases for further information.
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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