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ACT 23 OF 1992
(November 27)
Official Journal No. 40,679. of 30 November 1992
By means of which the "Convention for the Protection of the Producers of Phonograms against Unauthorized Reproduction of their Phonograms" is approved, made in Geneva on October 29, 1971
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Convention for the Protection of the Producers of Phonograms against Unauthorized Reproduction of their Phonograms", made in Geneva on 29 October 1971, which reads:
" Convention for the protection of producers of phonograms against unauthorized reproduction of their phonograms.
(From October 29, 1971).
Contracting States,
Concerned about the extent and increase of unauthorized reproduction of phonograms and the resulting damage to the interests of authors, performers and producers of phonograms;
Convinced that the protection of producers of phonograms against the acts referred to will also benefit the performers and the authors whose interpretations and works are recorded in those phonograms;
Recognizing the importance of the work carried out in this field by the United Nations Educational, Scientific and Cultural Organization and the World Intellectual Property Organization;
Eager not to undermine in any way the international conventions in force and, in particular, not to hinder a wider acceptance of the Rome Convention of 26 October 1961, which gives protection to the performers performers and broadcasters, as well as producers of phonograms;
The following have been agreed:
ARTICLE 1o. For the purposes of this Convention, the following definitions shall apply:
a) "Fonogram", any sound-only fixation of the sounds of an execution or other sounds;
(b) "phonogram producer" means the natural or legal person who first fixes the sounds of an execution or other sounds;
c) "Copy" means the support which contains sounds directly or indirectly taken from a phonogram and which incorporates all or a substantial part of the sounds fixed in that phonogram;
d) "Distribution to the public", any act whose purpose is to offer, directly or indirectly, copies of a phonogram to the general public or to a part of it.
ARTICLE 2o. Any Contracting State undertakes to protect the producers of phonograms which are nationals of the other Contracting States against the production of copies without the consent of the producer, as well as against the import of such copies, when production or import is made with a view to a distribution to the public, and equally against the distribution of such copies to the public.
ARTICLE 3o. The means for the application of this Convention shall be the responsibility of the national law of each Contracting State, and shall comprise one or more of the following: granting of a copyright or other specific right; protection by legislation relating to unfair competition; protection by criminal sanctions.
ARTICLE 4. The duration of protection will be determined by national legislation. However, if national legislation provides for a fixed duration of protection, that duration shall not be less than 20 years, counted from the end of the year, in which the sounds incorporated into the national legislation were first set phonogram, or the year the phonogram was first published.
ARTICLE 5o. When, pursuant to its national law, a Contracting State requires the completion of formalities as a condition for the protection of producers of phonograms, they shall be deemed to be satisfied. those requirements if all the authorised copies of the phonogram made available to the public or the cases containing them bear a reference to the symbol (P), together with the indication of the year of the first publication, a way to show clearly that protection has been reserved; whether copies or their Cases do not permit the identification of the producer, his or her rights holder or the holder of the exclusive licence (by name, trade mark or other appropriate designation), the name of the producer, of his or her rightholder or the holder of the exclusive license.
ARTICLE 6o. Any Contracting State that grants protection under the copyright or other specific right, or under criminal sanctions, may provide in its national law for limitations with with regard to the protection of producers of phonograms, of the same nature as those provided for the protection of authors of literary and artistic works. However, only mandatory licenses can be provided if all of the following conditions are met:
a) That reproduction is intended for the exclusive use of teaching or scientific research.
(b) that the licence is valid for reproduction only in the territory of the Contracting State whose competent authority has granted the licence and cannot extend to the export of the copies copied.
(c) The reproduction made under the licence must be entitled to an appropriate remuneration to be fixed by the said authority, which shall take into account, inter alia, the number of copies made.
1. This Convention may in no way be interpreted as limiting or undermining the protection granted to authors, performers, producers of phonograms or broadcasting organizations under the terms of Article 1 (2) of Regulation (EU) No No national laws or international conventions.
2. The national legislation of each Contracting State shall determine, if necessary, the extent of the protection afforded to performers whose performance has been fixed in a phonogram and the conditions under which they are to be executed. shall enjoy such protection.
3. No Contracting State shall be required to apply the provisions of this Convention in respect of phonograms fixed before it has entered into force in respect of that State.
4. Any State whose legislation in force on 29 October 1971 grants producers of phonograms a protection based on the place of the first fixation may, by means of notification deposited with the Director General of the World Intellectual Property Organization, which will only apply that criterion instead of the criterion of the nationality of the producer.
1. The International Bureau of the World Intellectual Property Organization will gather and publish information on the protection of phonograms. Each Contracting State shall promptly communicate to the International Bureau any new legislation and official texts on the matter.
2. The International Bureau shall provide the information requested by the Contracting States on matters relating to this Convention, and shall carry out studies and provide services to facilitate the protection provided for in this Convention.
3. The International Bureau of the World Intellectual Property Organization shall exercise the functions listed in paragraphs 1 and 2 above, in cooperation, in matters relating to their respective powers, with the Organization of United Nations for Education, Science and Culture and the International Labour Organization.
1. This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until 30 April 1972 to the signature of any State which is a member of the United Nations, of any of the specialized agencies attached to the United Nations, United Nations, the International Atomic Energy Agency or part thereof. Statute of the International Court of Justice.
2. This Convention shall be subject to ratification or acceptance by the signatory States. It shall be open to the accession of the States referred to in paragraph 1 of this Article.
3. Instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations.
4. It is understood that, at the time a State is bound by this Convention, it is in a position, in accordance with its domestic law, to apply the provisions of the Convention.
ARTICLE 10. No reservation is supported for this Convention.
1. This Convention shall enter into force three months after the deposit of the fifth instrument of ratification, acceptance or accession.
2. With regard to each State ratifying or accepting this Convention or acceding to it after the deposit of the fifth instrument of ratification, acceptance or accession, this Convention shall enter into force three months after the date of its entry into force. the Director-General of the World Intellectual Property Organization has informed the States, in accordance with Article 13.4, of the deposit of his instrument.
3. Any State may declare at the time of ratification, acceptance or accession, or at any other later time, by notification addressed to the Secretary-General of the United Nations, that this Convention shall extend to the The European Union is a member of the European Union. That notification shall take effect three months after the date of its receipt.
4. However, the preceding paragraph shall not in any way be construed as tacit recognition or acceptance by some of the Contracting States of the situation in fact of any territory in which the present Convention has been made applicable by another Contracting State under that paragraph.
1. Any Contracting State shall have the power to denounce this Convention, either on its own behalf, on behalf of any or all of the territories referred to in Article 11, paragraph 3, by written notification to the Secretary-General of the United Nations.
2. The denunciation shall take effect twelve months after the date on which the Secretary-General of the United Nations has received the notification.
1. This Convention is signed in a single copy, in Spanish, French, English and Russian, each text being equally authentic.
2. The Director General of the World Intellectual Property Organization, will establish official texts, after consulting the interested governments, in the German, Arabic, Dutch, Italian and Portuguese languages.
3. The Secretary-General of the United Nations shall notify the Director-General of the World Intellectual Property Organization, the Director General of the United Nations Educational, Scientific and Cultural Organization and the Director General of the International Labour Office:
(a) The signatures of this Convention;
(b) The deposit of instruments of ratification, acceptance or accession;
c) The date of entry into force of this Convention;
(d) Any declaration notified under Article 11, paragraph 3;
e) The receipt of the notification notifications.
4. The Director-General of the World Intellectual Property Organization shall inform the States designated in Article 9, paragraph 1 of the notifications he has received in accordance with the preceding paragraph, as well as of any statement made pursuant to Article 7o, paragraph 4 of this Convention. It shall also inform the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director-General of the International Labour Office of such declarations.
5. The Secretary-General of the United Nations shall transmit two copies of this Convention to all the States referred to in Article 9. paragraph 1.
The undersigned Deputy Secretary 044 Grade 11 of the Legal Undersecretary of the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is faithful and full photocopy of the certified text
of the "Convention for the Protection of the Producers of Phonograms against the Unauthorized Reproduction of its Phonograms", Geneva, October 29, 1971, which is based on the archives of the Legal Secretariat of the Ministry of Foreign Relations.
Dada en Santafe de Bogota, D.C., at twenty-two (22) days of the month of November of a thousand nine hundred and ninety-one (1991).
Clara Ines Vargas de Losada
Legal Under-secretary.
Executive Branch of the Public Power.
Presidency of the Republic.
Santafe de Bogota, D.C., December 19, 1991.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo) Cesar Gaviria Trujillo.
The Foreign Minister,
(Fdo) Noemi Sanin de Rubio.
DECRETA:
ARTICLE 1o. Approve the "Convention for the Protection of the Producers of Phonograms against Unauthorized Reproduction of their Phonograms", made in Geneva, on October 29, 1971.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention for the Protection of the Producers of Phonograms against the Unauthorized Reproduction of its Phonograms", made in Geneva on October 29, 1971, which is approved by the first article of this Law, will force the country from the date the international link is perfected.
ARTICLE 3o. This Law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JOSE BLACKBURN CUTS
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CESAR PEREZ GARCIA
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Republic of Colombia-National Government.
Publish and execute.
Dada en Santafe de Bogota, D.C., on November 27, 1992.
CESAR GAVIRIA TRUJILLO
The Foreign Minister,
NOEMI SANIN DE RUBIO.
The Minister of Government,
HUMBERTO DE LA CALLE LOMBANA.
