WIPO Performance and Phonograms Treaty

International

A treaty adopted in 1996 by member states of the World Intellectual Property Organization (WIPO) that fulfills a function similar to the WIPO Copyright Treaty (.) but for phonograms (sound recordings) and the rights of certain performing artists. For purposes of the treaty, sound recordings do not include the sounds accompanying a motion picture or another audiovisual work.

Subject to certain limitations and exceptions, the WIPO Performance and Phonograms Treaty provides the following exclusive rights to sound recording producers and to performers concerning their performances fixed in a sound recording:

• Direct and indirect reproduction rights.

• General distribution rights.

• Rental rights.

• The right to make available to the public by wire or wireless means (online transmission) any performance fixed in a sound recording.

The treaty also provides performers with:

• Economic rights in their live aural performances, including:

o broadcasting rights;

o the right of communication to the public;

o rental rights; and

o rights to fix their performances in a sound recording.

• Moral rights, including, the right to:

o be identified as the performer; and

o object to any distortion, mutilation or other modification that would be prejudicial to the performer's reputation.

Among other things, each contracting party must:

• Treat the nationals of other contracting parties the same way it treats its own nationals concerning the rights granted in the treaty.

• Ensure that the granted rights are not subject to any formalities and the term of protection be at least 50 years.

• Protect against the:

o circumvention of technological measures used by performers and producers to exercise their rights under the treaty; and

o unauthorized modification of electronic rights management information.

• Adopt measures to ensure that the treaty is applied and that enforcement procedures and remedies are available for any acts that infringe on rights granted in the treaty.

The WIPO Performance and Phonograms Treaty was implemented in the US through the Digital Millennium Copyright Act (DMCA).

Additional information, including the full text of the treaty, is available on the WIPO website

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