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1999 ACT 545
(December 23)
Official Journal No 43,837 of 31 December 1999
COLOMBIA CONGRESS
By means of which the "WIPO Treaty-World Intellectual Property Organization-on Interpretation or Enforcement and Phonograms (WPPT)" is approved, adopted in Geneva on December 20 (20) Ninety-six (1996).
Having regard to the text of the "WIPO Treaty-World Intellectual Property Organization-on Interpretation or Enforcement and Phonograms (WPPT)", adopted in Geneva on December 20 (20) in the 1990s and in the six (1996), which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs.)
" WIPO TREATY ON INTERPRETATION OR EXECUTION
AND PHONOGRAMS (WPPT) (1996) *
INDEX
Preamble
CHAPTER I
General provisions
ARTICLE 1o. RELATIONSHIP TO OTHER CONVENTIONS AND CONVENTIONS.
ARTICLE 2o. DEFINITIONS.
ARTICLE 3o. BENEFICIARIES OF PROTECTION UNDER THIS TREATY.
ARTICLE 4. NATIONAL TRY.
CHAPTER II.
ARTISTS ' RIGHTS OR PERFORMERS
ARTICLE 5o. MORAL RIGHTS OF PERFORMERS.
ARTICLE 6o. THE PROPERTY RIGHTS OF PERFORMERS FOR THEIR UNFIXED INTERPRETATIONS OR EXECUTIONS.
ARTICLE 7o. REPRODUCTION RIGHT.
ARTICLE 8o. DISTRIBUTION RIGHT.
ARTICLE 9o. RIGHT TO RENT.
ARTICLE 10. THE RIGHT TO PUT IN PLACE INTERPRETATIONS OR FIXED EXECUTIONS.
CHAPTER III
RIGHTS OF PRODUCERS OF PHONOGRAMS
ARTICLE 11. REPRODUCTION RIGHT.
ARTICLE 12. DISTRIBUTION RIGHT.
ARTICLE 13. RIGHT TO RENT.
ARTICLE 14. RIGHT TO MAKE PHONOGRAMS AVAILABLE.
CHAPTER IV.
IS PROVISIONS
ARTICLE 15. RIGHT TO REMUNERATION FOR BROADCASTING OR COMMUNICATION TO THE PUBLIC.
ARTICLE 16. LIMITATIONS AND EXCEPTIONS.
ARTICLE 17. DURATION OF PROTECTION.
ARTICLE 18. OBLIGATIONS RELATING TO TECHNOLOGICAL MEASURES.
ARTICLE 19. OBLIGATIONS RELATING TO INFORMATION ON THE MANAGEMENT OF RIGHTS.
ARTICLE 20. Formalities.
ARTICLE 21. RESERVATIONS.
ARTICLE 22. APPLICATION IN TIME.
ARTICLE 23. PROVISIONS ON THE OBSERVANCE OF RIGHTS.
CHAPTER V
ADMINISTRATIVE AND FINAL CLAUSES
ARTICLE 24. ASSEMBLY.
ARTICLE 25. INTERNATIONAL OFFICE.
ARTICLE 26. ELIGIBILITY TO BE A 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 TO BE A PARTY TO THE TREATY.
ARTICLE 31. DENUNCIATION OF THE TREATY.
ARTICLE 32. LANGUAGES OF THE TREATY.
ARTICLE 33. DEPOSITARY.
Preamble
Contracting Parties,
Eager to develop and maintain the protection of the rights of performers and producers of phonograms in the most effective and uniform way possible.
Recognising the need to introduce new international standards that provide adequate solutions to the questions raised by economic, social, cultural and technological developments,
Recognizing the profound impact that the development and convergence of information and communication technologies have had on the production and use of interpretations or executions and phonograms,
Recognising the need to maintain a balance between the rights of performers and producers of phonograms and the interests of the general public, in particular in education, research and access to information,
The following have been agreed:
GENERAL PROVISIONS.
ARTICLE 1o. RELATIONSHIP TO OTHER CONVENTIONS AND CONVENTIONS.
1. No provision of this Treaty shall be detrimental to the obligations which the Contracting Parties have to each other under the International Convention on the Protection of Performers, Producers of phonograms and broadcasting organizations, made in Rome on 26 October 1961 (hereinafter referred to as the "Rome Convention").
2. The protection granted under this Treaty shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Therefore, no provision of this Treaty may be interpreted as undermining this protection1.
3. This Treaty shall not be connected with or prejudice any right or obligation under another Treaty.
ARTICLE 2o. DEFINITIONS. For the purposes of this Treaty,
following definitions shall apply:(a) "performers", all actors, singers, musicians, dancers or other persons representing a role, singing, reciting, declamen, interpreting or executing in any form literary or artistic works or expressions of the folclor;
b) "Fonogram" means any fixation of the sounds of an execution or interpretation or of other sounds, or of a representation of sounds other than in the form of a fixation included in a cinematographic or audiovisual
;(c) "Fixation" means the incorporation of purses, or the representation thereof, from which they can be perceived, reproduced or communicated by means of a device;
d) "phonogram producer" means the natural or legal person who takes the initiative and has the responsibility for the first setting of the sounds of an execution or interpretation or other sounds or representations of sounds;
(e) "Publication" of a fixed interpretation or execution or a phonogram, the offer to the public of the fixed interpretation or execution or the phonogram with the consent of the holder of the right and provided that the copies are offered to the public in sufficient quantity; 3
(f) "Broadcasting", the wireless transmission of sounds or images and sounds or representations thereof, for reception by the public, such satellite transmission also ds a "broadcasting", the transmission of signals codified shall be "broadcast" where the means of decoding are offered to the public by the broadcaster or with its consent;
g) "Communication to the public" of an interpretation or execution or a phonogram, transmission to the public, by any means other than broadcasting, of sounds of an interpretation or execution or sounds or representations of sounds fixed in a phonogram. For the purposes of Article 15, "communication to the public" shall also mean making sounds or representations of sounds set in a phonogram audible to the public.
ARTICLE 3o. BENEFICIARIES OF PROTECTION UNDER THIS TREATY.
1. The Contracting Parties shall grant the protection provided for under this Treaty to performers and producers of phonograms which are nationals of other Contracting Parties.
2. Nationals of other Contracting Parties shall mean those performers or producers of phonograms who satisfy the criteria for the eligibility of protection provided for under the Rome Convention, if all the Contracting Parties to this Treaty are Contracting States to that Convention. For those eligibility criteria, the Contracting Parties shall apply the relevant definitions contained in Article 2or. of this Treaty.5
3. Any Contracting Party may use the possibilities provided for in Article 5.3) Or, for the purposes of the provisions of Article 5, to Article 17, all of them of the Rome Convention, and shall make the notification as provided for in those provisions, to the Director General of the World Intellectual Property Organization (WIPO).
1. Each Contracting Party shall grant nationals of other Contracting Parties, as defined in Article 3.2, the treatment it grants to its own nationals in respect of the exclusive rights granted specifically in this Treaty, and the right to an equitable remuneration provided for in Article 15 of this Treaty.
2. The obligation provided for in paragraph 1 shall not apply to the extent that such other Contracting Party makes use of the reserves permitted under Article 15.3 of this Treaty.
CHAPTER II.
RIGHTS OF PERFORMERS.
ARTICLE 5o. MORAL RIGHTS OF PERFORMERS.
1. Irrespective of the property rights of the performer, and even after the transfer of those rights, the performer shall retain, in respect of his or her interpretations or sound executions live or their interpretations or executions set out in phonograms, the right to claim to be identified as the performer or performer of their interpretations or executions except when the omission is dictated by the way of using the interpretation or execution, and the right to object to any deformation, mutilation or other modification of their interpretations or executions that causes damage to their reputation.
2. The rights recognized to the performer in accordance with the preceding paragraph shall be maintained after his death, at least until the extinction of his property rights, and exercised by the persons or institutions authorised by the law of the Contracting Party in which the protection is claimed. However, the Contracting Parties whose legislation in force at the time of ratification of this Treaty or of accession thereto does not contain provisions relating to the protection after the death of the performer or performer of all the rights recognized under the preceding paragraph, may provide that some of those rights shall not be maintained after the death of the performer.
3. The procedural means for safeguarding the rights granted under this Article shall be governed by the law of the Contracting Party in which the protection is claimed.
ARTICLE 6o. PROPERTY RIGHTS OF PERFORMERS FOR THEIR UNFIXED INTERPRETATIONS OR EXECUTIONS. The performers shall enjoy the right to authorise, in respect of their interpretations or executions:
i) Broadcasting and communication to the public of its unfixed interpretations or executions, except where the intdrpretation or execution itself constitutes a broadcast or execution; and
ii) The fixing of their unfixed executions or interpretations.
ARTICLE 7o. REPRODUCTION RIGHT. The performers shall enjoy the exclusive right to authorize the direct or indirect reproduction of their interpretations or executions set out in phonograms, by any procedure or under any form.6
ARTICLE 8o. DISTRIBUTION RIGHT.
1. Performers shall enjoy the exclusive right to authorise the making available to the public of the original and copies of their interpretations or executions laid down in phonograms, by selling another transfer of property.
2. Nothing in this Treaty shall affect the power of the Contracting Parties to determine the conditions, if any, in which the exhaustion of the right of paragraph 1 applies after the first sale or other transfer of ownership of the original or of a copy of the interpretation or execution laid down with the authorisation of the performer or performer. 7
1. Performers shall enjoy the exclusive right to authorize commercial rental to the public of the original and copies of their interpretations or executions set out in phonograms, as provided for in national law of the Contracting Parties, even after their distribution by the performer or with their authorization.
2. Without prejudice to the provisions of paragraph 1, a Contracting Party which, as at 15 April 1994, had and continues to have an equitable remuneration system in force for performers for the hire of copies of their (a) interpretation or execution set out in phonograms, may maintain such a system on the basis that commercial rental of phonograms does not result in a significant impairment of the exclusive reproduction rights of the performers or executants.8
ARTICLE 10. THE RIGHT TO MAKE AVAILABLE INTERPRETATIONS OR EXECUTIONS. The performers shall enjoy the exclusive right to authorise the making available to the public of their interpretations or executions laid down in phonograms, either by wire or by wireless means in such a way that members of the public can have access to them from the place and at the time each of them chooses.
PHONOGRAM PRODUCERS ' RIGHTS.
ARTICLE 11. REPRODUCTION RIGHT. The producers of phonograms shall enjoy the exclusive right to authorize the direct or indirect reproduction of their phonograms, by any procedure or under any form.9
ARTICLE 12. DISTRIBUTION RIGHT.
1. Producers of phonograms shall enjoy the exclusive right to authorise the making available to the public of the original and copies of their phonograms by sale or other transfer of ownership.
2. Nothing in this Treaty shall affect the power of the Contracting Parties to determine the conditions, if any, in which the exhaustion of the right of paragraph 1 applies after the first sale or other transfer of ownership of the original or of a copy of the phonogram with the authorisation of the producer of that phonogram. 10
1. Producers of phonograms shall enjoy the exclusive right to authorize commercial rental to the public of the original and copies of their phonograms even after their distribution by themselves or with their authorization.
2. Without prejudice to the provisions of paragraph 1, a Contracting Party which, as at 15 April 1994, had and continues to have an equitable remuneration system in force for producers of phonograms for the rental of copies of their phonograms, may maintain such a system provided that the commercial operator of phonograms does not result in a significant impairment of the exclusive reproduction rights of the producers of phonograms .11
ARTICLE 14. THE RIGHT TO MAKE PHONOGRAMS AVAILABLE. The producers of phonograms shall enjoy the exclusive right to authorize the making available to the public of their phonograms, either by wire or by wireless means, in such a way that the members the public can have access to them from the place and at the moment each of them chooses.
IS PROVISIONS.
ARTICLE 15. RIGHT TO REMUNERATION FOR BROADCASTING AND COMMUNICATION TO THE PUBLIC.
1. Performers and producers of phonograms shall enjoy the right to a fair and single remuneration for the direct or indirect use for broadcasting or for any communication to the public of phonograms published for commercial purposes.
2. The Contracting Parties may establish in their national legislation that the equitable and single remuneration must be claimed by the performer or performer or by the producer of a phonogram or both. The Contracting Parties may establish national legislation which, in the absence of
an agreement between the performer and the performer and the producer of the phonogram, set the terms in which the equitable and unique remuneration will be shared between the performers and the producers of phonograms.
3. Any Contracting Party may, by means of a notification deposited with it.
of the Director General of WIPO, declare that you will apply the provisions of paragraph 1 only in respect of certain uses or that you will limit your application in some other way or that you will not apply any of these provisions.
4. For the purposes of this Article, phonograms made available to the public, either by wire or by wireless means in such a way that members of the public may have access to them from the place and at the time each of them chooses, be considered as having been published for commercial purposes. 12, 13
ARTICLE 16. LIMITATIONS AND EXCEPTIONS.
1. The Contracting Parties may provide, in their national legislation, with regard to the protection of performers and producers of phonograms, the same types of limitations or exceptions
contains its national legislation regarding the protection of the copyright of literary and artistic works.
2. The Contracting Parties shall restrict any restrictions or exceptions imposed on the rights provided for in this Treaty to certain special cases which do not affect the normal exploitation of the interpretation or execution or the phonogram or cause a prejudice to the legitimate interests of the performer or performer or the producer of phonogrs.14, 15
It is also understood that article 10.2 does not reduce or extend the scope of
applicability of the limitations and exceptions permitted by the Berne Convention. ").
ARTICLE 17. DURATION OF PROTECTION.
1. The duration of the protection granted to performers under this Treaty may not be less than 50 years from the end of the year in which the interpretation or execution was fixed in a phonogram.
2. The duration of the protection to be granted to producers of phonograms under this Treaty shall not be less than 50 years from the end of the year in which the phonogram has been published or, where such publication does not exist. taken place within 50 years from the fixation of the phonogram, 50 years from the end of the year in which the fixing was made.
ARTICLE 18. OBLIGATIONS RELATING TO TECHNOLOGICAL MEASURES. The Contracting Parties shall provide adequate legal protection and effective legal remedies against the action to circumvent effective technological measures used by artists. performers or producers of phonograms in connection with the exercise of their rights under this Treaty and who, in respect of their interpretations or executions or phonograms, restrict acts which are not authorised by the performers or producers of phonograms concerned or permitted by the law.
ARTICLE 19. OBLIGATIONS RELATING TO INFORMATION ON THE MANAGEMENT OF RIGHTS.
1. The Contracting Parties shall provide adequate and effective legal remedies against any person who, with due knowledge, performs any of the following acts knowing, or with respect to, civil resources, having reasonable grounds to know that it induces, permits, facilitates or conceals an infringement of any of the rights provided for in this Treaty:
i) Delete or alter without authorization any electronic information about rights management;
ii) Distribute, amount for distribution, issue, communicate or make available to the public, without authorization, interpretations or executions, copies of interpretations or fixed executions or phonograms knowing that
electronic information about rights management has been deleted or altered without authorization.
2. For the purposes of this Article, "information on the management of rights" shall mean information identifying the performer, the interpretation or execution of the artist, the phonogram producer, the phonogram and the the holder of any right to interpretation or execution or the phonogram, or information on the terms and conditions of the use of the interpretation or execution or the phonogram, and any number or code representing such information, when any of these information elements are attached to a copy of an interpretation or execution
fixed or to a phonogram or included in connection with communication or entry to
public disposition of a fixed interpretation or execution or an
phonograma.16
ARTICLE 20. FORMALITIES. The enjoyment and exercise of the rights provided for
in this Treaty they shall not be subordinated to any formality.
ARTICLE 21. RESERVATIONS. Subject to the provisions of article 15.3,
the establishment of reserves will not be permitted under this Treaty.
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 referred to in This Treaty shall apply.
2. By way of derogation from paragraph 1, a Contracting Party may limit the application of Article 5or. of this Treaty to interpretations or executions taking place after the entry into force of this Treaty in respect of that Party.
ARTICLE 23. PROVISIONS ON THE OBSERVANCE 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, in their legislation, procedures are established for the observance of rights which permit the adoption of effective measures against any action infringing the rights referred to in this Article. Treaty, with the inclusion of agile resources to prevent infringements and resources that constitute an effective means of deterring new infractions.
ADMINISTRATIVE AND FINAL CLAUSES.
1.a) Contracting Parties shall have an Assembly;
(b) Each Contracting Party shall be represented by a delegate who may be assisted by alternates, advisors and experts;
(c) The expenses of each delegation shall be borne by the Contracting Party which has designated it. The Assembly may request WIPO to grant financial assistance, to facilitate the participation of delegations of Contracting Parties considered as developing countries, in accordance with the practice established by the General Assembly of the Nations. United or countries in transition to a market economy.
2.a) The Assembly shall deal with matters relating to the maintenance and development of this Treaty, as well as matters relating to the implementation and operation of this Treaty;
(b) The Assembly shall perform the function assigned to it under Article 26.2 with respect to the admission of certain intergovernmental organizations to be a party to this Treaty;
(c) The Assembly shall decide upon the convening of any diplomatic conference for the revision of this Treaty and shall provide the necessary instructions to the Director General of WIPO for the preparation of such a diplomatic conference.
3.a) Each Contracting Party that is a State shall have one vote and vote only on its own behalf;
(b) Any Contracting Party which is an intergovernmental organisation may participate in the vote, instead of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty. None of these intergovernmental organisations may participate in the vote if any of their Member States exercise their 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 convening of extraordinary sessions, the quorum requirements and, subject to the provisions of this Treaty, the majority necessary for the various types of decisions.
ARTICLE 25. INTERNATIONAL OFFICE. The International Bureau of WIPO shall be responsible for the administrative tasks relating to the Treaty.
ARTICLE 26. ELIGIBILITY TO BE A PARTY TO THE TREATY.
1. Any Member State of WIPO may be a party to this Treaty.
2. The Assembly may decide to admit any intergovernmental organization to be party to this Treaty, to declare that it has jurisdiction and to have its own legislation obliging all its Member States, in respect of covered by this Treaty, and has been duly authorised, in accordance with its internal procedures, to be a party to this Treaty.
3. The European Community, having made the declaration referred to in the preceding paragraph in the Diplomatic Conference adopted by this Treaty, may become a party to this Treaty.
ARTICLE 27. RIGHTS AND OBLIGATIONS UNDER THE TREATY. Subject to any provision specified otherwise in this Treaty, each Contracting Party shall enjoy all rights and assume all obligations arising from the present Treaty. Treaty.
ARTICLE 28. SIGNATURE OF THE TREATY. Any Member State of WIPO and the European Community may sign this Treaty, which 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 TO BE A PARTY TO THE TREATY. This Treaty shall link:
i) To the 30 States referred to in Article 29 as of the date of entry into force of this Treaty;
(ii) to any other State from the end of the three-month period from the date on which the State has deposited its instrument held by the Director General of WIPO;
(iii) to the European Community as from the end of the three-month period from the deposit of its instrument of ratification or accession, provided that such instrument has been deposited after the entry into force of this Treaty of compliance with the provisions of Article 29 or three months after the entry into force of this Treaty if that instrument has been deposited before the entry into force of this Treaty;
iv) Any other intergovernmental organisation which is admitted to be party to this Treaty, from the end of the three-month period from 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 has received the notification.
1. This Treaty shall be signed in a single original in Spanish, Arabic, Chinese, French, English and Russian, all texts being equally authentic.
2. At the request of an interested party, the Director General of WIPO shall establish an official text in a language not mentioned in paragraph 1, after consultation with all interested parties. For the purposes of this paragraph, "interested party" shall mean any WIPO Member State if its official language is treated, or if one of its official languages is treated, and the European Community and any other organization an intergovernmental agreement which may become party to this Treaty if one of its official languages is dealt with.
ARTICLE 33. DEPOSITARY. The Director General of WIPO shall be the depositary of this Treaty.
Certifico that is a faithful copy of the official Spanish text of the WIPO Treaty on Interpretation or Enforcement and Phonograms, adopted at the Diplomatic Conference on certain copyright and related rights issues, which took place in Geneva from 2 to 20 December 1996.
The Director General,
Kamil Idris.
World Intellectual Property Organization
April 21, 1998
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is faithful photocopy taken from the certified copy of the "WIPO Treaty-World Intellectual Property Organization-on Interpretation or Execution and Phonograms (WPPT)", adopted in Geneva on twenty (20) of December of a thousand nine hundred and ninety-six (1996).
Dada en Santa Fe de Bogotá, D. C., at twenty-two (22) days of the month of July of a thousand nine hundred and ninety-eight (1998).
HECTOR ADOLFO SINTURA VARELA.
the Chief Legal Officer,
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., October 8, 1998.
Approved.
Submit to the consideration of the honorable National Congress for Constitutional Effects.
(Fdo.) ANDRES PASTRANA ARANGO
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Foreign Affairs (Fdo),
DECRETA:
ARTICLE 1o. Approve the "WIPO Treaty-World Intellectual Property Organization-on Interpretation or Enforcement and Phonograms (WPPT)," adopted in Geneva on December 20 (20) nine hundred and ninety-six (1996).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "WIPO Treaty-World Intellectual Property Organization-on Interpretation or Enforcement and Phonograms (WPPT)", adopted in Geneva on December 20 (20), November, 2000, 1990, and six (1996), href="ley_0545_1999.html#1"> 1or. of this law will be approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic
Miguel Pinedo Vidal.
The Secretary General of the honorable Senate of the Republic,
Manuel Enriquez Rosero.
The President of the honorable House of Representatives,
Armando Pomarico Ramos.
The Secretary General of the honorable House of Representatives,
Gustavo Bustamante Moratto.
COLOMBIA-NATIONAL GOVERNMENT
Contact and publish.
Execute previous review of the Constitutional Court, according to the article
241-10 of the Political Constitution.
Dada en Santa Fe de Bogotá, D. C., at 23 December 1999.
ANDRES PASTRANA ARANGO
The Minister of the Interior,
Nestor Humberto Martinez Neira.
The Foreign Minister,
Guillermo Fernandez de Soto
