Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms
- Type: Convention
- Date of signature: 29/10/1971
- Place of signature: Geneva, Switzerland
- Depositary: Secretary-General of the United Nations
- Date of entry into force: 18/04/1973
What is it about?
The present Convention provides for the obligation of each State party to protect a producer of phonograms who is a national of another State party against the making of duplicates without the consent of the producer, against the importation of such duplicates, where the making or importation is for the purposes of distribution to the public, and against the distribution of such duplicates to the public. It is within the discretion of the State parties how to implement the present instrument, but it has to include provisions on the protection either by means of the grant of a copyright or other specific right, by means of legislation relating to unfair competition or by means of penalties. Limitations are possible under certain conditions, particularly those regarding the non-authorized reproduction for non-commercial purposes when assuring the producer a fair remuneration.
Why is it relevant?
State parties to this instrument will instrument measures aimed at combating pirating and illicit sale of phonograms.
The present Convention has been supplemented by the WIPO Treaty of 1996, which covers phonograms produced with digital technology. All member States of the United Nations may ratify the present instrument.
- WIPO Performances and Phonograms Treaty (Geneva, 20 December 1996)
- Convention relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels, 21 May 1974)
- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 26 October 1961)