32/1985 Coll.
The DECREE
Minister of Foreign Affairs
of 18 July 2003. February 1985
Convention for the protection of producers of Phonograms against unauthorized
the reproduction of their Phonograms
29 April. October 1971 was negotiated in Geneva Convention for the protection of producers of
Phonograms against unauthorised duplication of their audio
records.
The instrument of accession of the Czechoslovak Socialist Republic to the Convention on the
the protection of producers of Phonograms against unauthorized reproduction
their phonograms was deposited with the Secretary-General of the UNITED NATIONS,
the depositary of the Convention, on 5 July 2004. October 1984.
Access to the Convention a declaration has been made to article 11 (2). 3
Convention, that that provision is contrary to the Declaration of the UNITED NATIONS on VS
the granting of independence to Colonial Territories and peoples, adopted by resolution
VS the United Nations 1514 (XV) of 14 December. December 1960.
Convention entered into force, pursuant to article 11 (2). 1 day 18.
April 1973. For the Czechoslovak Socialist Republic entered
The Convention enters into force in accordance with article 11 (2). 2 day 15. January
1985.
The Slovak translation of the Convention shall be published at the same time. ^ ^ *)
Minister:
Ing. Chňoupek v.r.
Convention
for the protection of producers of Phonograms against unauthorized reproduction
their Phonograms
The Contracting States,
concerned about the continuous growth of the illegal reproduction of sound
records and damage, which consequently cause authors, Executive
artists and producers of phonograms,
convinced that the protection of producers of Phonograms against such
actions will be beneficial to both the performers and authors whose artistic
performances and works are recorded on these phonograms,
Appreciating the work carried out in this area by the United
Nations Educational, scientific and Cultural Organization and the world intellectual property organization
ownership,
dbajíce to neoslabily no longer in any way valid international
the Treaty, in particular in order to impede in any way the wider access to
The Rome Convention of 26. October 1961, which provides executive protection
artists and radio organizations, as well as the producers of phonograms,
agree on this:
Article 1
For the purposes of this agreement means the
and) "sound recording" means any exclusively hearing perceived record
sounds artistic performance or other sounds,
(b)) "producer of phonograms" means a natural or legal person who
the first records the sounds of an artistic performance or other sounds,
(c)) "frame" thing that contains sounds taken directly or indirectly from the
phonogram and incorporating all or a substantial part of the sounds of the sounds of the
recorded on the phonogram
(d)) "public dissemination" of each performance, which are images of the sound
record directly or indirectly offered to the general public or a part thereof.
Article 2
Each Contracting State undertakes to protect phonogram producers,
who are nationals of other Contracting States against a copy of the slides
without the consent of the producer and against the importation of such images, if such
or importation for the purpose of public dissemination and
against the public dissemination of such images.
Article 3
The means of implementation of this Convention, reserve the internal legislation
Each Contracting State and shall include one or more of the
the following methods of protection: the return of the copyright or other
the special law, the law of unfair competition and through the
criminal sanctions.
Article 4
The duration of the protection afforded to the internal reserves legislation
Each Contracting State. However, if the internal law provides for
the specific duration of protection, the duration cannot be less than
twenty years, either from the end of the year in which the sounds contained on audio
the record for the first time or have been recorded since the end of the year in which the sound was
the record for the first time made public.
Article 5
If a Contracting State in accordance with its internal legislation, as
the condition of protection of phonogram producers subject to certain formalities,
they will be referred to formalities can be considered as fulfilled if all the
legitimately drawn up images of audio, which are publicly
disseminated, or their packaging, will have a comment consisting of
character with the connection of the first publication, placed in such a
in a way, that was sufficiently made clear that shall be eligible for protection;
If images or their packaging do not permit the detection of the manufacturer, the
legal successor or person authorised of the licence granted exclusively
the manufacturer (transcription of his name, trade mark or other suitable
the designation), it must contain the manufacturer's name and comment, its legal
successor or person exclusively entitled from licences granted by the manufacturer.
Article 6
Each State party that provides protection by means of copyright
or other special rights or through criminal penalties,
may, for the protection of producers of phonograms to provide for in their
internal legislation the same limitations are allowed to protect authors
literary and artistic works. They cannot, however, allow no forced
the licence, if the following conditions are met:
and the reproduction is effected only) for the exclusive needs of the teaching or
scientific research,
(b) the reproduction of the licence) is valid only on the territory of a Contracting State,
whose competent authority has granted the license, and cannot be extended to exports
slides,
(c) reproduction by such licence) will take place at a reasonable
the remuneration laid down by the authority referred to, in which, inter alia, take into account and
the number of frames drawn up.
Article 7
1. this Convention shall not be in any way interpreted to
restrict or weaken the protection guaranteed by the authors, the Executive
performers, producers of phonograms or broadcasting organisations in accordance with
the internal legislation or under international agreements.
2. the scope of protection of the performers whose performances are art
recorded on a phonogram, and conditions for the enjoyment of such protection is
reserve provisions of the internal law of each Contracting State.
3. Any Contracting State shall not be required to use
the provisions of this Convention to any audio recorded before,
before this Convention entered into force for it.
4. Each State party that provides to date 29. October 1971 producers
Audio protection only in the place of the first record, the
the announcement by the Director-General imposed the world Organization of intellectual
ownership, declare that the said aspect will continue to use instead of the
the perspective of the nationality of the producer.
Article 8
1. The International Bureau of world intellectual property organization
collects and publishes information concerning the protection of audio
records. Each Contracting State shall immediately notify the International Bureau
all new laws and official texts concerning this matter.
2. The International Bureau shall, at the request of any Contracting State
information on matters related to this Convention and will take
research and provide services to facilitate the protection provided for in this
of the Convention.
3. The International Bureau would carry out the duties and functions referred to in paragraphs 1 and
2 in cooperation with the United Nations Educational, scientific and
culture and with the International Labour Organization, in matters relating to
their powers.
Article 9
1. this Convention shall be deposited with the Secretary-General of the Organization of the
of the United Nations. 30. April 1972 shall be open for signature by all
States that are members of the United Nations or of any of the
specialized agencí, that are in a certain relationship to the Organization
the United Nations or of the International Atomic Energy Agency, or
are party to the Statute of the International Court of Justice.
2. this Convention is subject to ratification or acceptance by States, which
have signed it. It will be open for access to each State referred to in paragraph 1
This article.
3. the instruments of ratification, acceptance or accession shall be deposited with the
the Secretary-General of the United Nations.
4. It is understood that each State at the time when it becomes bound by this Convention,
It is able to, in accordance with its internal legal order to carry out the provisions of the
of this Convention.
Article 10
To this Convention are not přípustny any reservations.
Article 11
1. This Convention shall enter into force three months after the deposit of the fifth instrument of
ratification, acceptance or accession.
2. For each State which has ratified this Convention or accepted or to
It came after the deposit of the fifth instrument of ratification, acceptance or
access, the agreement shall enter into force three months after the date of the General
the Director of the world intellectual property organization shall inform the States
referred to in article 14(2). 4 of the deposit of its instrument.
3. Any State may, when ratifying, accepting, or access, or at any time
later, declare by notification addressed to the Secretary-General
Of the United Nations that this Convention shall apply to all
or any of the territories for whose international affairs it is responsible.
The said notification shall enter into force three months after the date of
received.
4. The preceding paragraph can in no case be understood
so, that includes the recognition by the State or the silent acceptance of the
actual State concerning the territory, on which the other Contracting State
extends the application of this Convention pursuant to that paragraph.
Article 12
1. This Convention may be denounced by any Contracting State on their own behalf
or on behalf of any of the territories referred to in article 11 (2). 3 a written
by notification addressed to the Secretary-General of the United
of the Nations.
2. Denunciation shall take effect twelve months after the date on which it was received
the Secretary-General of the United Nations.
Article 13
1. This Convention shall be signed in a single copy in English,
French, Russian and Spanish, all four texts are
just as authentic.
2. the Director General of the world intellectual property organization, after consultation
the participating States shall provide the official lyrics in Arabic, Dutch,
German, Italian and Portuguese languages.
3. The Secretary-General of the United Nations shall notify the
the Director of the world intellectual property organization, the Director-General
The United Nations Educational, scientific and Cultural Organization and to the General
the Director of the International Labour Office:
and) signatures of this Convention,
(b)) the deposit of instruments of ratification, acceptance or accession,
(c)) date of entry into force of this Convention,
(d)) any declaration notified pursuant to article 11 (2). 3,
(e) the receipt of the notification of denunciation).
4. the Director General of the world intellectual property organization will be
inform States, covered by article 9 (2). 1 of the notifications
delivered under the preceding paragraph and of any declarations made
in accordance with article 7 (2). 4. Such a declaration will be notified and
the Director-General of the United Nations Educational, scientific and
culture and Director-General of the International Labour Office.
5. The Secretary-General of the United Nations shall surrender the two certified
a copy of this Convention to the States referred to in article 9 (2). 1.
On the evidence of subscribers, being duly authorised thereto, have signed this Convention.
Done in Geneva, December 29. October 1971.
*) Here is published a Czech translation.
