The Phonograms Convention, established in 1971, mandates countries to safeguard music producers against piracy and the importation of illegal copies. This is achieved through the implementation of copyright laws, unfair-competition laws, or criminal penalties. WIPO and UNESCO representatives collaborated to address issues with the Rome Convention and created this treaty, also referred to as the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.
The Phonograms Convention, also referred to as the Geneva Phonograms Convention, was established in 1971 with the aim of safeguarding phonourecord producers against piracy and the importation of pirated copies. It achieves this objective by providing copyright protection, unfair-competition law, or criminal sanctions. WIPO (World Intellectual Property Organization) and UNESCO (United Nations Educational, Scientific and Cultural Organization) representatives collaborated in drafting the treaty to address the shortcomings of the Rome Convention. For instance, if a music producer creates a phonogram (a music recording), the Phonograms Convention guarantees the protection of their work from unauthorized duplication or piracy. Consequently, individuals who attempt to reproduce the recording without permission may face legal consequences.
The Phonograms Convention is an international treaty that governs the rights of performers and producers of phonograms (sound recordings).
The Phonograms Convention was adopted in 1971.
As of 2021, 87 countries are party to the Phonograms Convention.
The Phonograms Convention protects the rights of performers and producers of phonograms, including the right to control the use and distribution of their recordings.
The duration of the rights under the Phonograms Convention varies depending on the country, but is typically between 50 and 70 years.
No, you cannot use a phonogram without permission from the performer or producer, unless your use falls under a specific exception or limitation under copyright law.
A performer is someone who performs a work, while a producer is someone who produces a phonogram (sound recording).
Yes, you can transfer your rights under the Phonograms Convention to someone else through a contract or agreement.
If someone infringes on your rights under the Phonograms Convention, you may be able to take legal action to stop the infringement and seek damages.
You can ensure that your rights under the Phonograms Convention are protected by registering your phonograms with the appropriate copyright office and by using contracts and agreements to establish and protect your rights.
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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