WIPO Performances and Phonograms Treaty

Last updated

The WIPO Performances and Phonograms Treaty (or WPPT) is an international treaty adopted in Geneva on 20 December 1996. [1] It came into effect on 20 May 2002. The treaty deals with the rights of two kinds of beneficiaries, particularly in the digital environment: performers (actors, singers, musicians, etc.); and producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds). [2]

Contents

As of August 2023, the treaty has 112 contracting parties. [3] The Treaty is open to States members of World Intellectual Property Organization (WIPO) and to the European Community. The treaty is administered by WIPO.

Content

WPPT was adopted with an objective to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible. This treaty would not disturb the existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome, 26 October 1961 (Rome Convention). Articles 18 and 19 of the WPPT [4] provide similar obligations for performers and producers of phonograms to contracting states as provided under Articles 11 and 12 of the WIPO Copyright Treaty (WCT). [5]

The Treaty deals with the rights of two kinds of beneficiaries, particularly in the digital environment: performers (actors, singers, musicians, etc.); and producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds). [6]

As to limitations and exceptions, Article 16 of the WPPT incorporates the so-called "three-step test" to determine limitations and exceptions, as provided for in Article 9(2) of the Berne Convention, extending its application to all rights. The accompanying Agreed Statement provides that such limitations and exceptions, as established in national law in compliance with the Berne Convention, may be extended to the digital environment. [6]

The term of protection must be at least 50 years.

The Treaty also obliges Contracting Parties to provide for legal remedies against the circumvention of technological measures (eg, encryption) and against the removal or altering of information (such as identification of performer). It also obliges Contracting Parties to adopt legal measures to ensure the application of the Treaty. [6]

The Digital Millennium Copyright Act is the United States's implementation of the treaty (see WIPO Copyright and Performances and Phonograms Treaties Implementation Act). [7]

See also

Related Research Articles

<span class="mw-page-title-main">Copyright</span> Legal concept regulating rights of a creative work

A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.

<span class="mw-page-title-main">WIPO Copyright Treaty</span>

The World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2023, the treaty has 115 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties".

In international law, the Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.

The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.

The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations also known as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and the Rome Convention, secures protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organizations.

<span class="mw-page-title-main">Related rights</span> Intellectual property rights of a creative work not connected with the works actual author

In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.

<span class="mw-page-title-main">Rental Directive</span>

Directive 92/100/EEC is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a "rental and lending right" as a part of copyright protection, and sets out minimum standards of protection for the related rights of performers, phonogram and film producers and broadcasting organizations.

Copyright in Russia developed originally along the same lines as in Western European countries. A first copyright statute dated back to 1828, and in 1857, a general copyright term of fifty years was instituted. The copyright law of 1911 was inspired by Western laws of the continental European tradition. One noteworthy exception in Russian copyright law was the "freedom of translation"—any work could be freely translated into another language.

The current Copyright law of the Russian Federation is codified in part IV of the Civil Code of the Russian Federation. It entered in force on January 1, 2008.

The international copyright relations of Russia were virtually non-existent for much of the Imperial era continuing into the history of the Soviet Union until the Cold War. The Russian Empire had only a few bilateral copyright treaties with other nations were concluded; these treaties moreover were weak and of short duration. The treaties from Imperial times had all expired by the time of the Russian Revolution.

<span class="mw-page-title-main">Berne Convention</span> 1886 international assembly and treaty

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Berne by ten European countries with the goal of agreeing on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, border-crossing system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are referred to as copyright; on the European continent they are generally referred to as authors' rights or makerright.

<span class="mw-page-title-main">Copyright and Information Society Directive 2001</span> 2001 European Union Directive on Copyright

The Copyright and Information Society Directive 2001 is a directive in European Union law that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome.

Japanese copyright laws consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years. However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works; for films released before 1971, the copyright term also spans 38 years after the director's death.

<span class="mw-page-title-main">Limitations and exceptions to copyright</span> Provisions which allow for copyrighted works to be used without a license from the copyright owner

Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner.

<span class="mw-page-title-main">Geneva Phonograms Convention</span> 1971 international copyright treaty

The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, also known as the Geneva Phonograms Convention, is a 1971 international agreement relating to copyright protection for sound recordings.

The copyright law of South Africa governs copyright, the right to control the use and distribution of artistic and creative works, in the Republic of South Africa. It is embodied in the Copyright Act, 1978 and its various amendment acts, and administered by the Companies and Intellectual Property Commission in the Department of Trade and Industry. As of March 2019 a major amendment to the law in the Copyright Amendment Bill has been approved by the South African Parliament and is awaiting signature by the President.

<span class="mw-page-title-main">Beijing Treaty on Audiovisual Performances</span> Multilateral treaty on copyright for audiovisual performances

The Beijing Treaty on Audiovisual Performances is a multilateral treaty which regulates copyright for audiovisual performances and expands the performers' rights. It was adopted on 26 June 2012 by the Diplomatic Conference on the Protection of Audiovisual Performances of the World Intellectual Property Organization, in which 156 WIPO member states, six intergovernmental, and six non-governmental organizations participated. Forty-eight countries signed the treaty on 26 June, followed by 19 other countries in 2012 and 2013. The treaty entered into force on 28 April 2020 following the receipt of the 30th ratification or accession and as of August 2021 has 42 contracting parties.

Copyright law in Syria is regulated by the Copyright and Neighbouring Rights Law issued by Legislative Decree No. 62 of 2013. The Syrian Ministry of Culture, through its Copyright Office, is generally in charge of proposing copyright legislation to Parliament.

References

  1. "WIPO Performances and Phonograms Treaty (WPPT)". WIPO IP Portal. Retrieved 20 July 2021.
  2. "WIPO Performances and Phonograms Treaty". www.wipo.int. Retrieved 6 June 2024. CC-BY icon.svg Text was copied from this source, which is available under a Creative Commons Attribution 4.0 (CC BY 4.0) license.
  3. "Contracting parties. WIPO Performances and Phonograms Treaty" (PDF). www.wipo.int. 1 August 2023. Retrieved 21 November 2023.
  4. WIPO Performances and Phonograms Treaty (WPPT) - Joint Declarations, vol. 089, 20 December 1996, retrieved 6 June 2024
  5. "WIPO Lex". www.wipo.int. Retrieved 6 June 2024.
  6. 1 2 3 "Summary of the WIPO Performances and Phonograms Treaty (WPPT) (1996)". www.wipo.int. Retrieved 6 June 2024. CC-BY icon.svg Text was copied from this source, which is available under a Creative Commons Attribution 4.0 (CC BY 4.0) license.
  7. Nimmer, David (2000). "A Riff on Fair Use in the Digital Millennium Copyright Act". University of Pennsylvania Law Review . 148 (3): 673–742. doi:10.2307/3312825. JSTOR   3312825. SSRN   222370.