LAW 23 OF 1992
Official Gazette No. 40,679. of 30 November 1992
Through which the "Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms reproduction" is approved, done at Geneva on October 29, 1971 Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms", done at Geneva on October 29, 1971, which literally says :
"Convention for the protection of producers of phonograms against unauthorized Duplication of their phonograms
(from October 29, 1971)
the Contracting States, concerned at the widespread
e.. increasing unauthorized duplication 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 acts referred will also benefit the performers and authors whose performances and works, are recorded on the said phonograms;
Recognizing the importance of the work done in this area by the United Nations Educational, Scientific and Cultural Organization and the World Intellectual Property Organization;
Anxious not to impair in any way international agreements in force and, in particular, not to hinder wider acceptance of the Rome Convention of October 26, 1961, which affords protection to performers performers and broadcasters and producers of phonograms;
Have agreed as follows: ARTICLE 1o
. For the purposes of this Convention shall apply:
a) "Phonogram" means any exclusively of the sounds of a performance or other sounds fixation;
B) "producer of phonograms" means the natural or legal person who first fixes the sounds of a performance or other sounds;
C) "Copy", the media containing sounds taken directly or indirectly from a phonogram and which embodies all or a substantial part of the sounds fixed in that phonogram;
D) "distribution to the public" means any act whose purpose is to provide, directly or indirectly, copies of a phonogram to the general public or a part thereof.
. Each contracting State undertakes to protect producers of phonograms who are nationals of other Contracting States against the making of duplicates without the consent of the producer and against the importation of such duplicates, where the making or importation is for the purpose distribution to the public, and against the distribution of such duplicates to the public.
ARTICLE 3. The means for the implementation of this Convention shall be the responsibility of the national legislation of each Contracting State and shall include one or more of the following: protection by granting a copyright or other specific right; protection legislation on unfair competition; protection by criminal sanctions.
ARTICLE 4. The duration of protection shall be determined by national legislation. However, if the domestic law prescribes a specific duration of protection, the term shall not be less than twenty years from the end of the year, either in which first fixed the sounds embodied in the phonogram, or the year in which the phonogram was first published.
The 5th ITEM. When, under their national law, a Contracting State requires compliance with formalities as a condition for the Protection of Producers of Phonograms shall be deemed fulfilled if all the authorized duplicates of the phonogram distributed to the public or the cases that containing bear a notice consisting of the symbol (P), accompanied by the year date of first publication, placed so that shows clearly reserved for protection; if the copies or their containers do not identify the producer, his successor in title or the exclusive licensee (by the name, trademark or other appropriate designation), the notice shall also include the name of the producer, his successor or the holder of the exclusive license.
ARTICLE 6o. Any Contracting State which affords protection by copyright or other specific, or under criminal sanctions law may provide in their national legislation limitations regarding the protection of phonogram producers, of the same nature as those provided for protection of authors of literary and artistic works. However, only they may provide for compulsory licenses if all the following conditions are met:
a) reproduction is intended exclusively for teaching or scientific research.
B) The license shall be valid for duplication only within the territory of the Contracting State whose competent authority has granted the license and shall not extend to the export of duplicates.
C) the duplication made under the license gives rise to adequate remuneration to be fixed by the said authority taking into account, inter alia, the number of copies made.
1. It shall not be construed in any case this Convention so as to limit or prejudice the protection granted to authors, to performers, producers of phonograms or broadcasting organizations under national laws or conventions international.
2. The national laws of each Contracting State shall determine, if necessary, the scope of the protection afforded to performers whose performances are fixed in a phonogram, and the conditions in which they enjoy such protection.
3. shall not be required in any Contracting State to apply the provisions of this Convention with regard to phonogram fixed before this Convention entered into force for that State.
4. Any State whose national law October 29, 1971 granted to producers of phonograms protection based on the place of first fixation may, by notification deposited with the Director General of the World Intellectual Property Organization, which only will apply this criterion instead of the criterion of nationality.
1. The International Bureau of the World Intellectual Property Organization shall assemble and publish information concerning the protection of phonograms. Each of the Contracting States shall promptly inform the International Bureau all new laws and official texts on this subject.
2. The International Bureau shall provide the information requested by the Contracting States on matters relating to this Convention, and conduct studies and provide services designed to facilitate the protection provided therein.
3. The International Bureau of the World Intellectual Property Organization shall exercise the functions enumerated in paragraphs 1 and 2 above in cooperation in matters relating to their respective competence, with the United Nations Educational, Scientific and culture and the International Labour Organization.
1. This Agreement shall be deposited with the Secretary General of the United Nations. It will be open until April 30, 1972 for signature by any State that is a member of the United Nations, of any of the specialized agencies Nations, UN, the International Atomic Energy Agency or party to the Statute of the Court International Justice.
2. This Agreement shall be subject to ratification or acceptance by the signatory States. It will be open to accession by states that paragraph 1 of this Article refers.
3. The 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 becomes bound by this Convention, is in a position under its domestic law to implement the provisions.
ARTICLE 10. No reservation to this Convention.
1. This Agreement shall enter into force three months after the deposit of the fifth instrument of ratification, acceptance or accession.
2. With respect 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 on which the Director General of the World Intellectual Property Organization has informed the States, in accordance with Article 13.4 of the deposit of its instrument.
3. Any State may at the time of ratification, acceptance or accession, or at any later time by notification addressed to the Secretary General of the United Nations that this Convention shall extend to all or some of the territories for whose international relations it is responsible. Such notification shall take effect three months after the date of receipt.
4. However, the preceding paragraph shall in no way be interpreted as tacit recognition or acceptance by some of the Contracting States, of the factual situation of any territory in which this Convention has been made applicable by another Contracting State under of that paragraph.
1. Any Contracting State may denounce this Convention, either on its own behalf or on behalf of any or all of the territories referred to in Article 11, paragraph 3, by written notification addressed 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 Agreement 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, establish official texts, after consultation with the governments concerned, in 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) signatures of this Convention;
B) The deposit of the 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) receipt of notifications of denunciation.
4. The Director General of the World Intellectual Property Organization shall inform the States referred to in paragraph 1 of the notifications received pursuant to the preceding paragraph, as likewise of any statement made under article 7 Article 9, para. 4o., of this Convention. He also informed 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 certified copies of this Convention to all States that article 9 concerns. the 1st paragraph.
The undersigned Secretary 044 Grade 11 of the Legal Secretariat of the Ministry of Foreign Affairs DECLARES
That this reproduction is true and complete copy of the certificate text
the "Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms Play", Geneva, October 29, 1971, which lies in the archives of the Secretariat for Legal Affairs of the Ministry of Foreign Affairs.
Given in Bogota, DC, on the twenty (22) days of the month of November in 1991 (1991).
Clara Inés Vargas de Losada
Public Power Executive Branch.
Presidency of the Republic.
Bogota, DC, December 19, 1991. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Signed) César Gaviria Trujillo.
The Minister of Foreign Affairs,
(Signed) Noemi Sanin de Rubio.
ARTICLE 1o. Approval of the "Convention for the Protection of Producers of Phonograms against Unauthorized Reproduction of their Phonograms Treaty", made in Geneva on 29 October 1971.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms", done at Geneva on October 29, 1971, that the first article of this law is passed, will force the country from the date on which the international link is perfect.
ARTICLE 3. This Law governs from the date of publication.
The President of the honorable Senate, BLACKBURN CORTES JOSE
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives, CAESAR PEREZ GARCIA
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
Republic of Colombia - National Government.
Published and execute.
Given in Bogota, DC, 27 November 1992.
César Gaviria Trujillo Minister of Foreign Affairs, Noemi Sanin
The Government Minister Humberto de la Calle