Act 545 1999

Original Language Title: LEY 545 de 1999

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
LAW 545
1999 (December 23)
Official Journal No 43837, December 31, 1999 CONGRESS COLOMBIA

Through which approves the "Treaty of WIPO -Organisation World Intellectually Property Performances and Phonograms Treaty (WPPT) ", adopted in Geneva on twenty (20) December in 1996 (1996). Summary

Term Notes
Having regard to the text of the "Treaty of the WIPO -World Intellectually Property Performances and Phonograms Treaty (WPPT)", adopted in Geneva on twenty (20) December in 1996 (1996) , which literally says:
(to be transcribed. photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached)
"WIPO TREATY
PERFORMANCES AND PHONOGRAMS TREATY (WPPT) (1996) *

CONTENTS Preamble CHAPTER I


general provisions ARTICLE 1o. RELATIONSHIP WITH OTHER CONVENTIONS.
Article 2.. DEFINITIONS.
Article 3o. BENEFICIARIES OF PROTECTION UNDER THIS TREATY.
ARTICLE 4o. National treatment.
CHAPTER II.
RIGHT OF PERFORMERS performing artists
ARTICLE 5O. MORAL RIGHTS OF pERFORMERS.
ARTICLE 6o. ECONOMIC RIGHTS OF pERFORMERS IN THEIR pERFORMANCES unfixed.
Article 7. Reproduction right. ARTICLE 8.
. Distribution right.
Article 9. RENTAL RIGHT.
Article 10. Right of making available fixed performances.

CHAPTER III RIGHTS OF PRODUCERS OF PHONOGRAMS Article 11.
reproduction right.
ARTICLE 12. RIGHT OF DISTRIBUTION.
ARTICLE 13. RIGHT TO RENT.
ARTICLE 14. RIGHT TO MAKE AVAILABLE PHONOGRAMS.
CHAPTER IV.

COMMON PROVISIONS ARTICLE 15. RIGHT TO REMUNERATION FOR PUBLIC BROADCASTING OR COMMUNICATION.
ARTICLE 16. LIMITATIONS AND EXCEPTIONS.
ARTICLE 17. TERM OF PROTECTION.
ARTICLE 18. OBLIGATIONS CONCERNING TECHNOLOGICAL MEASURES.
ARTICLE 19. OBLIGATIONS CONCERNING INFORMATION ON RIGHTS MANAGEMENT.
Article 20. FORMALITIES.
ARTICLE 21. RESERVATIONS.
ARTICLE 22 APPLICATION IN TIME.
ARTICLE 23 PROVISIONS ON ENFORCEMENT OF RIGHTS. CHAPTER V

ADMINISTRATIVE AND FINAL CLAUSES Article 24.
ASSEMBLY.
ARTICLE 25. INTERNATIONAL OFFICE.
ARTICLE 26 ELIGIBILITY FOR BECOMING PARTY TO THE TREATY.
ARTICLE 27. RIGHTS AND OBLIGATIONS UNDER THE TREATY.
ARTICLE 28. SIGNATURE OF THE TREATY.
ARTICLE 29. ENTRY INTO FORCE OF THE TREATY.
ARTICLE 30. EFFECTIVE DATE OF BECOMING PARTY TO THE TREATY.
ARTICLE 31. DENUNCIATION OF THE TREATY.
ARTICLE 32. LANGUAGES OF THE TREATY.
ARTICLE 33. DEPOSITARY.

Preamble The Contracting Parties,
Desiring to develop and maintain the protection of the rights of performers and producers of phonograms as effectively and uniformly as possible.
Recognizing the need to introduce new international rules that provide adequate solutions to the questions raised by economic, social, cultural and technological developments solutions
Recognizing the profound impact of the development and convergence of information technologies and communication in the production and use of performances and phonograms,
Recognizing the need to maintain a balance between the rights of performers and producers of phonograms and interests of the general public, particularly in education, research and access to information,
have agreed as follows: CHAPTER I.

GENERAL PROVISIONS.
ARTICLE 1o. RELATION TO OTHER CONVENTIONS.
1. Nothing in this Treaty shall derogate from obligations that Contracting Parties have to each other under the International Convention on the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome on 26 October 1961 (hereinafter the "Rome Convention").
2. Protection granted under this Treaty shall leave intact and in no way affect the protection of copyright in literary and artistic works. Therefore, no provision of this Treaty may be interpreted as prejudicing such protection1.
3. This Treaty shall have no connection with, or prejudice any rights or obligations under another treaty.

Article 2.
. DEFINITIONS. For the purposes of this Treaty shall mean:
a) "Performers" are actors, singers, musicians, dancers and other persons who act, sing, deliver, declaim, interpret or execute in any literary or artistic works or expressions of folklore;
B) "Phonogram" means the fixation of sounds of a performance or other sounds, or a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work; 2
c) "fixation" means the incorporation of ronidos, or the representations thereof, from which they can be perceived, reproduced or communicated through a device;
D) "producer of phonograms" means the natural or legal person who takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds or representations of sounds;
E) "publication" of a fixed performance or phonogram, the offer to the public of the fixed performance or phonogram with the consent of the rightholder, and provided that copies are offered to the public in quantity sufficient, 3
f) "broadcasting" means the wireless transmission of sounds or images and sounds or representations thereof, for reception by the public, such transmission by satellite ds also "broadcasting" transmission encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent;
G) "communication to the public" of a performance or a phonogram means the transmission to the public by any means other than broadcasting, of sounds of a performance or the sounds or representations of sounds fixed in a phonogram. For the purposes of Article 15, "communication to the public" it includes making the sounds or representations of sounds fixed in a phonogram audible to the public.

ARTICLE 3o. BENEFICIARIES OF PROTECTION UNDER THIS TREATY.
1. Contracting Parties shall accord the protection provided under this Treaty to the performers and producers of phonograms who are nationals of other Contracting Parties.
2. shall mean nationals of other Contracting Parties those performers or producers of phonograms who would meet the criteria for eligibility for protection provided under the Rome Convention, if all Contracting Parties to this Treaty Contracting States the Convention. In respect of these criteria of eligibility, Contracting Parties shall apply the relevant definitions in article 2.
this treaty.5 3. Any Contracting Party may have recourse to the possibilities provided in Article 5.3) Or, for the purposes of the provisions of the 5th article., Article 17, all of the Rome Convention shall make a notification as foreseen in those provisions to the director General of the World Intellectual Property Organization (WIPO).
ARTICLE 4.
. NATIONAL TREATMENT.
1. Each Contracting Party shall accord to nationals of other Contracting Parties, as defined in Article 3.2, the treatment it accords to its own nationals with regard to the exclusive rights specifically granted in this Treaty and the right to equitable remuneration provided for in Article 15 of this Treaty.
2. The obligation under paragraph 1 shall not apply to the extent that another Contracting Party makes use of the reservations permitted under Article 15.3 of this Treaty.

CHAPTER II.
RIGHTS OF PERFORMERS.

The 5th ARTICLE. MORAL RIGHTS OF PERFORMERS.
1. Regardless of the economic rights of the performer, and even after the transfer of those rights, the performer shall, as regards their audio performances live or their performances fixed in phonograms, the right to claim to be identified as the performer of his performances, except where omission is dictated by the manner of use of the performance, and the right to object to any distortion, mutilation or other modification of his performances causing damage to its reputation.

2. The rights granted to a performer in accordance with the preceding paragraph shall, after his death, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation of the Contracting Party in which claimed protection. However, Contracting Parties whose legislation, at the time of ratification of this Treaty or accession thereto, does not provide for protection after the death of the performer of all rights under preceding paragraph may provide that some of these rights will not be maintained after the death of the performer.
3. The means of redress for safeguarding the rights granted under this Article shall be governed by the law of the Contracting Party where protection is claimed.
ARTICLE 6.
. Economic Rights of PERFORMERS IN THEIR PERFORMANCES unfixed. Performers shall enjoy the exclusive right of authorizing, as regards their performances:
i) the broadcasting and communication to the public of their unfixed performances except where the intdrpretación or execution is itself one broadcast performance; and
ii) fixing their performances unfixed.

Article 7. Reproduction right. Performers shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their performances fixed in phonograms, by any means or in any forma.6
ARTICLE 8.
. Distribution right.
1. Performers shall enjoy the exclusive right of authorizing the making available to the public the original and copies of their performances fixed in phonograms through sale t other transfer of ownership.
2. Nothing in this Treaty shall affect the freedom of Contracting Parties to determine the conditions, if any, under which the exhaustion of the right in paragraph 1 applies after the first sale or other transfer of ownership of the original or a copy of the fixed performance with the authorization of the performer or ejecutante.7

Article 9. RENTAL RIGHT.
1. Performers shall enjoy the exclusive right of authorizing commercial rental to the public of the original and copies of their performances fixed in phonograms, as determined in the national law of Contracting Parties, even after distribution by the performer or with his authorization.
2. Without prejudice to paragraph 1, a Contracting Party that, on April 15, 1994, had and continues to have in force a system of equitable remuneration of performers for the rental of copies of their performances fixed in phonograms, you may maintain that system cnndición that the commercial rental of phonograms is not giving rise to the material impairment of the exclusive rights of reproduction of performers ejecutantes.8

Article 10. Right of making available fixed performances. The performers shall enjoy the exclusive right of authorizing the making available to the public of their performances fixed in phonograms, either by wire or wireless means in such a way that members of the public may access them from a place and when each of them choose.
CHAPTER III.
RIGHTS OF PRODUCERS OF PHONOGRAMS.

ARTICLE 11. RIGHT TO PLAY. Producers of phonograms shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their phonograms, by any means or in any forma.9

ARTICLE 12. RIGHT OF DISTRIBUTION.
1. Producers of phonograms shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of their phonograms through sale or other transfer of ownership.
2. Nothing in this Treaty shall affect the freedom of Contracting Parties to determine the conditions, if any, under which the exhaustion of the right in paragraph 1 applies after the first sale or other transfer of ownership of the original or a copy the phonogram with the authorization of the producer of fonograma.10

ARTICLE 13. RIGHT TO RENT.

1. Producers of phonograms shall enjoy the exclusive right to authorize the commercial rental to the public of the original and copies of their phonograms, even after distribution of them by or with permission.
2. Without prejudice to paragraph 1, a Contracting Party that, on April 15, 1994, had and continues to have in force a system of equitable remuneration of producers of phonograms for the rental of copies of their phonograms, you may maintain that system provided that the commercial rental of phonograms is not giving rise to the material impairment of the exclusive rights of reproduction of producers of fonogramas.11

ARTICLE 14. RIGHT TO MAKE AVAILABLE PHONOGRAMS. Producers of phonograms shall enjoy the exclusive right of authorizing the making available to the public of their phonograms, either by wire or wireless means, in such a way that members of the public may access them from a place and at a time each of them choose.
CHAPTER IV.
COMMON PROVISIONS.


Article 15. Right to remuneration for broadcasting and communication to the public.

1. The performers and producers of phonograms shall enjoy the right to a single equitable remuneration pnr direct or indirect use for broadcasting or for any communication to the public of phonograms published for commercial purposes.
2. Contracting Parties may establish in their national legislation that the single equitable remuneration shall be claimed from the user by the performer or by the producer of a phonogram or by both. Contracting Parties may enact national legislation that, in the absence of
an agreement between the performer and the producer of a phonogram, sets the terms on which the single equitable remuneration shall be shared between the performers and phonogram producers.
3. Any Contracting Party may, by a notification deposited
the Director General of WIPO, declare that it will apply the provisions of paragraph 1 only in respect of certain uses, or that limit their application in some other way or do not apply these provisions.
4. For the purposes of this Article, phonograms made available to the public, whether by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them, They will be considered as if they had been published for commercial purposes. 12, 13

ARTICLE 16. LIMITATIONS AND EXCEPTIONS.
1. The Contracting Parties may, in their national laws regarding the protection of performers and producers of phonograms, the same kinds of limitations or exceptions
their national legislation concerning the protection of copyright literary and artistic works.
2. Contracting Parties shall confine any limitations or exceptions to the rights provided in this Treaty to certain special cases which do not conflict with a normal exploitation of the performance or phonogram and do not unreasonably prejudice the legitimate interests of the performer or producer of fonogramas.14,15
is also understood that Article 10.2 neither reduces nor extends the scope of applicability
limitations and exceptions permitted by the Berne Convention. ").
|| | ARTICLE 17. tERM oF pROTECTION
1. the duration of protection granted to performers under this Treaty shall not be less than 50 years counted from the end of the year in which the.. interpretation or execution was fixed in a phonogram.
2. the term of protection to be granted to producers of phonograms under this Treaty shall not be less than 50 years counted from the end of the year in which It has been published phonogram or where such publication has not taken place within 50 years from fixation of the phonogram, 50 years from the end of the year in which the fixation was made.


ARTICLE 18. OBLIGATIONS CONCERNING TECHNOLOGICAL MEASURES. The Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by performers or producers of phonograms in connection with the exercise of their rights under this Treaty and respect its performances or phonograms, restrict acts which are not authorized by the performers or the producers concerned or permitted by law phonograms.

ARTICLE 19. OBLIGATIONS CONCERNING INFORMATION MANAGEMENT RIGHTS.

1. Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know that it will induce, enable, facilitate or conceal an infringement of any of the rights provided in this Treaty:
i) removes or alters any unauthorized electronic information on rights management;
Ii) to distribute, import for distribution, broadcast, communicate or make available to the public, without authority, performances, copies of fixed performances or phonograms knowing that
electronic information on rights management it has been removed or altered without authorization.
2. For the purposes of this article, the term "information rights management" information which identifies the performer, the interpretation or execution, the producer of the phonogram, the phonogram, the owner of any right performance or phonogram, or information about the terms and conditions of use of the performance or phonogram, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a Performances
fixed or a phonogram or appears in connection with the communication or making available to the public
a fixed performance or a fonograma.16


Article 20. FORMALITIES. The enjoyment and exercise of rights provided
in this Treaty shall not be subject to any formality.

ARTICLE 21. RESERVATIONS. Subject to the provisions of Article 15.3,
No reservations to this Treaty shall be permitted.

ARTICLE 22 APPLICATION IN TIME.
1. The Contracting Parties shall apply the provisions of Article 18 of the Berne Convention, mutatis mutandis, to the rights of performers and producers of phonograms provided for in this Treaty.
2. Notwithstanding paragraph 1, a Contracting Party may limit the application of article 5. of this Treaty to performances which occurred after the entry into force of this Treaty for that Party.

ARTICLE 23 PROVISIONS ON ENFORCEMENT OF RIGHTS.
1. The Contracting Parties undertake to adopt, in accordance with their
legal systems, the measures necessary to ensure the implementation of this Treaty.
2. The Contracting Parties shall ensure that enforcement procedures of enforcement that allow effective action against any act of infringement of rights under this Treaty, including expeditious remedies refers to be established to prevent infringements and of remedies which constitute a deterrent to further infringements.

CHAPTER V. ADMINISTRATIVE AND FINAL CLAUSES.


ARTICLE 24. ASSEMBLY.
1. a) The Contracting Parties shall have an Assembly;
B) Each Contracting Party shall be represented by one delegate who may be assisted by alternates, advisers and experts;
C) The expenses of each delegation shall be borne by the Contracting Party which has appointed it. The Assembly may ask WIPO to grant financial assistance to facilitate the participation of delegations of Contracting Parties considered developing countries, in accordance with the established practice of the General Assembly of the United Nations or that are countries in transition to a market economy .
2.a) The Assembly shall deal with matters concerning the maintenance and development of this Treaty and those relating to the implementation and operation of this Treaty;

B) The Assembly shall perform the function allocated to it under Article 26.2 regarding the admission of certain intergovernmental organizations to become party to this Treaty;
C) The Assembly shall decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such diplomatic conference.
3rd) Each Contracting Party that is a State shall have one vote and shall vote only in its own name;
B) Any Contracting Party that is an intergovernmental organization may participate in the vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty. No such intergovernmental organization shall participate in the vote if any of its Member States exercises its right to vote and vice versa.
4. The Assembly shall meet in regular session once every two years upon convocation by the Director General of WIPO.
5. The Assembly shall establish its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.

ARTICLE 25. INTERNATIONAL OFFICE. The International Bureau of WIPO shall perform the administrative tasks concerning the Treaty.

ARTICLE 26 ELIGIBILITY FOR BECOMING PARTY TO THE TREATY.
1. Any Member State of WIPO may become party to this Treaty.
2. The Assembly may decide to admit any intergovernmental organization to become party to this Treaty which declares that competition and have their own legislation binding on all its Member States on matters covered by this Treaty, and has been duly authorized, in accordance with its internal procedures, to become party to this Treaty.
3. The European Community, having made the declaration referred to in the preceding paragraph in the Diplomatic Conference that has adopted this Treaty, may become party to this Treaty.

ARTICLE 27. RIGHTS AND OBLIGATIONS UNDER THE TREATY. Subject to any specific provisions to the contrary in this Treaty, each Contracting Party shall enjoy all the rights and assume all obligations under this Treaty.

ARTICLE 28. SIGNATURE OF THE TREATY. Any Member State of WIPO and the European Community may sign this Treaty shall be open for signature until 31 December 1997.

ARTICLE 29. ENTRY INTO FORCE OF THE TREATY. This Treaty shall enter into force three months after 30 States have deposited their instruments of ratification or accession with the Director General of WIPO.

ARTICLE 30. EFFECTIVE DATE OF BECOMING PARTY TO THE TREATY. This Treaty shall bind:
i) the 30 States referred to in Article 29 from the date on which this Treaty has entered into force;
Ii) Any other State from the expiration of three months from the date on which the State has deposited its instrument with the Director General of WIPO;
Iii) the European Community following the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty in accordance with Article 29 three months after the entry into force of this Treaty if such instrument has been deposited before the entry into force of this Treaty;
Iv) any other intergovernmental organization that is admitted to become party to this Treaty, from the expiration of three months after the deposit of its instrument of accession.

ARTICLE 31. DENUNCIATION OF THE TREATY. Any party may denounce this Treaty by notification addressed to the Director General of WIPO. Any denunciation shall take effect one year after the date on which the Director General of WIPO received the notification.

ARTICLE 32. LANGUAGES OF THE TREATY.
1. This Treaty is signed in a single original in Spanish, Arabic, Chinese, French, Russian and Spanish, all being equally authentic texts.

2. At the request of an interested party, the Director General of WIPO shall establish an official text in a language not referred to in paragraph 1, after consultation with all stakeholders. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language is involved, or if one of its official languages ​​is involved and the European Community and any other intergovernmental organization that may become party to this Treaty if one of its official languages ​​is involved.

ARTICLE 33. DEPOSITARY. The Director General of WIPO is the depositary of this Treaty. I
certify that Spanish is a true copy of the official text of the Treaty of the WIPO Performances and Phonograms Treaty, adopted at the Diplomatic Conference on certain issues of copyright and related rights, held in Geneva from 2 to 20
December 1996. The director General,
Kamil Idris.
World Intellectual Property Organization
21 April 1998
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
:
That this reproduction is faithful copy taken of the certified copy of the "Treaty of the WIPO -World Intellectually Property Performances and Phonograms Treaty (WPPT)", adopted in Geneva on twenty (20) December in 1996 (1996).
Given in Santa Fe de Bogota, DC, on the twenty (22) days of July in 1998 (1998).
HECTOR ADOLFO VARELA Sintura.
Chief Legal Office, RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, October 8, 1998. Approved
.
Submit to the consideration of the honorable National Congress for Constitutional effects.
(Sgd.)
ARANGO ANDRES PASTRANA Guillermo Fernandez de Soto.
The Minister of Foreign Affairs (Signed)
DECREES:

ARTICLE 1o. Approval of the "Treaty of the WIPO -World Intellectually Property Performances and Phonograms Treaty (WPPT)", adopted in Geneva on twenty (20) December in 1996 (1996).
Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Treaty of the WIPO -World Intellectually Property Performances and Phonograms Treaty (WPPT)", adopted in Geneva on twenty (20) December in 1996 (1996), which Article 1o. this law passed, it will force the country from the date the international link is perfect therefrom.

ARTICLE 3o. This law applies from the date of publication.
The President of the honorable Senate
Miguel Pinedo Vidal.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
.
The President of the honorable House of Representatives,
Armando Pomarico Ramos.
The Secretary General of the honorable House of Representatives, Gustavo Bustamante
Moratto.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court, under Article
241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on December 23, 1999.

The Andres Pastrana Interior Minister Nestor Humberto Martinez Neira
.
The Minister of Foreign Affairs, Guillermo Fernandez de Soto

Related Laws