The WIPO Performances and Phonograms Treaty, also referred to as WPPT, is a treaty established in 1996. Its purpose is to grant performers the right to receive recognition for their performances and safeguard the integrity of their work. Additionally, it grants producers the right to reproduce, distribute, rent, and make their work accessible to the public.
The WIPO Performances and Phonograms Treaty (WPPT) was established in 1996 to grant performers the rights of attribution and integrity in their performances, while also providing producers with the rights of reproduction, distribution, rental, and availability. For instance, if a musician performs a song, they have the right to receive credit for their performance and protect it from any alterations or misuse that could harm their reputation. Similarly, music producers have the authority to control the distribution and rental of their recorded songs. In the digital age, where accessing and sharing music has become effortless, the WPPT plays a crucial role in safeguarding the rights of performers and producers. While digital music and streaming services have made music more accessible, they have also made it easier for unauthorized use and exploitation. The WPPT ensures that performers and producers are justly compensated for their creative efforts.
The WPPT aims to provide protection for performers and producers of phonograms by granting them exclusive rights over their performances and recordings, ensuring they are adequately compensated for their creative works.
The WPPT applies to performers (such as actors, musicians, and dancers) and producers of phonograms (such as record labels and music publishers) who are nationals or residents of countries that are party to the treaty.
The WPPT grants performers the exclusive right to authorize or prohibit the recording, reproduction, and distribution of their performances, as well as the right to prevent unauthorized broadcasting and communication to the public.
The WPPT grants producers of phonograms the exclusive right to authorize or prohibit the reproduction, distribution, and rental of their phonograms, as well as the right to prevent unauthorized broadcasting and communication to the public.
The protection under the WPPT generally lasts for 50 years from the end of the year in which the performance took place or the phonogram was first published or made available to the public, whichever is later.
Yes, performers and producers of phonograms can transfer their rights under the WPPT through contracts or agreements. However, certain rights, such as the right to be identified as the performer or producer, cannot be transferred.
The WPPT provides for various remedies in case of infringement, including injunctions, damages, and account of profits. Member countries are required to provide effective legal remedies and fair compensation for rights holders.
Yes, performers and producers of phonograms can waive their rights under the WPPT, but such waivers must be voluntary, specific, and in writing. Waivers cannot be used to deprive performers and producers of their moral rights.
No, the provisions of the WPPT only apply to countries that are party to the treaty. However, non-member countries may choose to adopt similar provisions in their national laws to provide protection for performers and producers of phonograms.
The World Intellectual Property Organization (WIPO) maintains a list of countries that are party to the WPPT on their official website. You can refer to this list or consult with legal experts to determine the status of a specific country.
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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