The Saeima has adopted and the President promulgated the following laws: For The World Intellectual Property Organization (WIPO) Treaty on performances and Phonograms article 1. 20 December 1996 in Geneva approved The World Intellectual Property Organization (WIPO) Treaty on performances and Phonograms (hereinafter referred to as the Treaty) and its annex, a joint statement (annex) this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the contract and annex in English and their translation into Latvian language. 3. article. The agreement and the annex shall thereupon enter into force article 30 of the Treaty within the time and in order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 3 February. State v. President Vaira Vīķe-Freiberga in Riga 17, 2000 World Intellectual Property Organization February Geneva WIPO Performances And Phonogram Treaty was Adopted by the Diplomatic Conference on December 20, 1996 contents preamble CHAPTER i: GENERAL PROVISION article 1: Relations to Other Convention article 2: Definition of article 3: Protection of under this Beneficiar a Treaty article 4: National treatment CHAPTER II: rights OF PERFORMER article 5 : Moral rights of Performer article 6: Economic rights of the Performer in their Unfixed performances article 7: right of Reproduction article 8: right of Distribution article 9: right of Rental article 10: right of Making available of Fixed performances CHAPTER III: rights OF the PRODUCER OF PHONOGRAM article 11: right of Reproduction article 8: right of Distribution article 13: right of Rental article 14 : Right of Making available of Phonogram in CHAPTER IV: COMMON PROVISION in article 15: right to Remuneration for Broadcasting and Communication to the Public article 16: limitations and Exception in article 17: Term of Protection article 18 Obligations concerning Technological Measure-in: article 19: the Obligation for immigrants Rights Management Information article 20: Reservations to article 21 Formalit: article 22: Application in time article 23: Provision on enforcement of rights CHAPTER V : Administrative AND FINAL article 24: Assembly of the COMMISSION Article 25: International Bureau 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: the Contracting Parties preamble, to develop and maintain (menu Rngton Line4) the protection of the rights of the performer and producer of phonogram in a manner as effective and uniform as possible, Recognizing the need to introduce new international rules in order to provide adequat solutions to the questions raised by economic, social, cultural and technological developments, Recognizing the profound impact of the development and convergence of information and communication technologies on the production and use of performances and phonogram is , Recognizing the need to maintain a balance between the rights of the performer and producer of phonogram and the larger public interest, particularly education, research and access to information, have agreed as follows: Chapter I GENERAL PROVISION article 1 Relations to Other Convention (1) Nothing in this Treaty shall derogat from existing obligations that Contracting Parties have to each other under the International Convention for the Protection of the Performer in the , The Producer of Phonogram and Broadcasting organizations done in Rome, October 26, 1961 (hereinafter the "Rome Convention"). (2) Protection granted under this Treaty shall leave intact and shall in no way be affec the protection of copyright in literary and artistic works. Consequently, from the provision of this Treaty may be interpreted as prejudicing such protection. (3) this Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under, any other treats. Article 2 Definition For the purpose of this Treaty: (a) a "performer" with the actors, singers, musicians, dancers, and other persons who act, sing, deliver, play in, decla, interpre, or otherwise perform literary or artistic works or expressions of folklore; (b) "phonogr" means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work; (c) "fixation" means the embodimen of sounds, or of the representation thereof, from which they will can be perceived, reproduced or communicated through a device; (d) "producer of a phonogr" means the person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representation of sounds; (e) "publication" of a fixed performance or a means to phonogr the offering of cop out of the fixed performance or the phonogr it to the public, with the consent of the rightholder, and provided that the cop with the publication of the ins offered reasonable quantity; (f) "broadcasting" means the transmission by wireless means for public reception of sounds or of images and sounds or of the representation thereof is; such transmission by satellite is also "broadcasting"; transmission of 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 means to phonogr the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representation of sounds fixed in a phonogr. For the purpose of article 15, "communication to the public" includes making the sounds or representation of sounds fixed in a phonogr for audible to the public. Article 3 of the Protection under this Beneficiar Treaty (1) Contracting Parties shall accord the protection provided under this Treaty to the performer and the producer of a phonogram who is a national of the other Contracting Parties. (2) the nationals of other Contracting Parties shall be understood to be those performer or producer of phonogram who would meet the criteria for eligibility for protection provided under the Rome Convention, were all the Contracting Parties to this Treaty Contracting States of that Convention. In respect of these criteria of eligibility, Contracting Parties shall apply the relevant definition in article 2 of this Treaty. (3) Any Contracting Party availing itself of the possibilities provided in article 5 (3) of the Rome Convention or, for the purpose of article 5 of the same Convention, article 17 thereof shall make a notification as foreseen in those provision to the Director General of the World Intellectual Property Organization (WIPO). Article 4 National treatment Each Contracting Party shall (1) the national accord of others Contracting Parties, as defined in article 3 (2), the treatment in accord to its own nationals with regard to the exclusive rights specifically granted in this Treaty, and to the right to equitable remuneration provided for in article 15 of this Treaty. (2) the obligation provided for in paragraph (1) does not apply to the exten to another Contracting Party that makes use of the reservations permitted by article 15 (3) of this Teaty. Chapter II rights OF PERFORMER article 5 Moral rights of Performer will (1) Independently of a performer's economic rights, and even after the transfer of those rights, the performer shall, as regards his live aural performances or performances fixed in a phonogram, have the right to claim to be identified as the performer of his performances, except where omission is dictated by the manner of the use of the performance , and to object to any distortion, mutilation or other modification of his performances that would be the question 2(a) the his reputation. (2) the rights granted to a performer in accordanc with paragraph (1) shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisabl by the persons or institutions authorized by the legislation of the Contracting Party where protection is claimed. However, those Contracting Parties whose legislation, at the moment of their ratification of or accession to this Treaty, does not provide for protection after the death of the performer of all rights set out in the preceding paragraph may provide that some of these rights will, after his death, cease to be maintained. (3) the means of safeguarding the redres for rights granted under this article shall be governed by the legislation of the Contracting Party where protection is claimed. Article 6 Economic rights of the Performer in their Unfixed performances is Performer 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 performance is already a broadcast performance; and (ii) the fixation of their unfixed the performances. Article 7 right of Reproduction of the Performer shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their performances fixed in a phonogram, in any manner or form. Article 8 right of Distribution (1) a Performer shall enjoy the exclusive right of authorizing the making available to the public of the original and the cop their performance fixed in a phonogram of through sale or other transfer of ownership. (2) Nothing in this Treaty shall be affec the freedom of Contracting Parties to determin 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. Article 9 right of Rental (1) a Performer shall enjoy the exclusive right of authorizing the commercial rental to the public of the original and the cop their performance fixed in a phonogram of as determined in the national law of Contracting Parties, even after distribution of them by, or authorization by, pursuan the performer. (2) Notwithstanding the provision of paragraph (1), a Contracting Party that, on April 15, 1994, had and continues to have in force a system of equitable remuneration of the performer for the rental of the cop to their performances fixed in a phonogram of, may maintain that system provided that the commercial rental of the phonogram is not giving rise to the material impairmen of the exclusive right of reproduction of the performer. Article 10 right of Making available of Fixed performances is Performer shall enjoy the exclusive right of authorizing the making available to the public of their performances fixed in a phonogram, 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. Chapter III rights OF the PRODUCER OF PHONOGRAM article 11 right of Reproduction of the phonogram Producer shall enjoy the of the exclusive right of authorizing the direct or indirect reproduction of their phonogram in any manner or form,. Article 12 right of Distribution (1) the Producer of a phonogram shall enjoy the exclusive right of authorizing the making available to the public of the original and to their cop of phonogram through sale or other transfer of ownership. (2) Nothing in this Treaty shall be affec the freedom of Contracting Parties to determin 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 phonogr in with the authorization of the producer of the phonogr. Article 13 right of Rental (1) Producer of a phonogram shall enjoy the exclusive right of authorizing the commercial rental to the public of the original and to their cop of phonogram, even after distribution of them by or to the authorization by the pursuan producer. (2) Notwithstanding the provision of paragraph (1), a Contracting Party that, on April 15, 1994, had and continues to have in force a system of equitable remuneration of the producer of phonogram for the rental of the phonogram, the cop of their may maintain that system provided that the commercial rental of the phonogram is not giving rise to the material impairmen of the exclusive rights of reproduction of the producer of phonogram. Article 14 right of Making available of the Phonogram Producer in the phonogram shall enjoy of the exclusive right of authorizing the making available to the public of their phonogram, 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. Chapter IV COMMON PROVISION in article 15 right to Remuneration for Broadcasting and Communication to the Public (1) Performer and producer of the phonogram shall enjoy the right to a single equitable remuneration for the direct or indirect use of a phonogram published for commercial purpose or for any communications for broadcasting to the public. (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 phonogr to or by both. Contracting Parties may national legislation that enac, in the absence of an agreement between the performer and the producer of a phonogr, sets the terms according to which the performer and the phonogram producer of IR share the single equitable remuneration. (3) Any Contracting Party may in a notification deposited with the Director General of WIPO, declare that it will apply the provision of paragraph (1) only in respect of certain wells, or that it will limit their application in some other way, or that it will not apply these provision at all. (4) For the purpose of this article, the phonogram is made available to the public 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 shall be considered as if they had been published for commercial purpose. Article 16 limitations and Exception (1) Contracting Parties may, in their national legislation, provide for the same kind of limitations or exception with regards to the protection of the performer and producer of phonogram as they provide for, in their national legislation, in connection with the protection of copyright in literary and artistic works. (2) Contracting Parties shall any limitations of Puccini or exception to rights provided for in this Treaty to certain special cases which do not conflict with a normal exploitation of the performance or phonogr and do not unreasonably prejudice to the interests of legitimat of the performer or of the producer of the phonogr. Article 17 Term of Protection (1) the term of protection to be granted to the performer under this Treaty shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance was fixed in a phonogr. (2) the term of protection to be granted to producer of phonogram under this Treaty shall last, at least, until the end of a period of 50 years computed from the end of the year in which the phonogr was published, or failing such publication within 50 years from such fixation of the phonogr, 50 years from the end of the year in which the fixation was made. Article 18 Obligations concerning Technological Measure of the Contracting Parties shall provide legal protection and an adequat effective legal remedies against the circumvention of effective technological the measure are used by the performer or by the producer of a phonogram in connection with the exercise of their rights under this Treaty and that restrict acts, in the respect of their performance or phonogram, which are not authorized by the performer or by the producer of the phonogram concerned or permitted by law. Article 19 Obligations concerning Rights Management Information is (1) Contracting Parties shall provide adequat 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, or conceal an infringement facilitat of any right covered by this Treaty: (i) to remove or alter any electronic rights management information without authority; (ii) to distribute, import for distribution, broadcast, communicate or make available to the public, without authority, performances, cop out of fixed performance or phonogram for knowing that electronic rights management information has been removed or altered without authority. (2) As used in this article, "rights management information" means information which would identify the performer, the performance of the performer, the producer of the phonogr, the phonogr, the owner of any right in the performance or phonogr, or information about the terms and conditions of use of the performance or phonogr, and any numbers or codes that the information, when such represen any of these items of information is attached to a copy of a fixed performance or a phonogr or a appear in connection with the communication or making available of a fixed performance or a phonogr to the public. Article 20 in the enjoymen Formalit and exercise of the rights provided for in this Treaty shall not be subject to any formality. Article 21 reservations subject to the provision of article 15 (3) of the Treaty to this reservations shall be permitted. Article 22 Application in time (1) Contracting Parties shall apply the provision of article 18 of the Berne Convention, mutatis mutandis, to the rights of the performer and producer of phonogram 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 Provision on enforcement of rights (1) Contracting Parties to the undertak adop in accordanc with their legal systems, the measure not to ensur the cessary application of this Treaty. (2) Contracting Parties shall ensur that enforcement procedures with available under their law so as to permit effective action against any act of infringement of rights covered by this Treaty, including any remedies the expeditio prevent infringement and remedies which constitut a deterren it further infringement. Chapter V administrative AND FINAL Assembly of the COMMISSION Article 24 (1) (a) the Contracting Parties shall have an Assembly. (b) Each Contracting Party shall be represented by one delegate who may be assisted by alternate members, advisors and experts. (c) the expense of each delegation shall be borne by the Contracting Party that has appointed the delegation. The Assembly may ask WIPO to grant financial assistance to facilitat the participation of delegation of Contracting Parties that are regarded as developing countries in conformity 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 the application and operation of this Treaty. (b) the Assembly shall perform the function allocated to it under article 26 (2) in respect of the admission of certain intergovernmental organizations to become party to this Treaty. (c) the Assembly shall decide the convocation of any the diplomatic conference for the revision of this Treaty and give the instructions to the cessary Director General of WIPO for the preparation of such diplomatic conference. (3) (a) 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 participat 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. From such intergovernmental organization shall participat in the vote if any one of its Member States exercises its right to vote and vice versa. (4) the Assembly shall meet in ordinary 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) and, subject to quor of the provision of this Treaty, the required majority for various kinds of decision. Article 25 International Bureau 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 it to any intergovernmental organization the admi become party to this Treaty which the declare that it is competent in respect of, and has its own legislation binding on all its Member States on, matters covered by this Treaty and that it has been duly authorized, in accordanc 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 provision to the contrary in this Treaty, each Contracting Party shall enjoy all of the rights and assume all of the obligations under this Treaty. Article 28 Signature of the Treaty this Treaty shall be open for signature until December 31, 1997, by any Member State of WIPO and by the European Community. Article 29 Entry into Force of the Treaty this Treaty shall enter into force three months after 30 instruments of ratification or accession by States have been deposited 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) each 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, from 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 according to article 29, or, 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 this Treaty may be denounced by any Contracting Party by notification addressed to the Director General of WIPO. Any denunciation shall take effect one year from 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 English, Arabic, Chinese, French, Russian and Spanish languages, the versions in all these languages being equally authentic. (2) An official text in any language other than those referred to in paragraph (1) shall be established by the Director General of WIPO on the request of an interested party, after consultation with all the interested parties. For the purpose of this paragraph, "interested party" means any Member State of WIPO whose official language, or one of whose 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.

Agreed statements Concerning the WIPO Performances And Phonogram Treaty was Adopted by the Diplomatic Conference on December 20, 1996 Concerning article 1 It is understood that article 1 (2) to the relationship between clarif rights in the phonogram under this Treaty and copyright in works embodied in the phonogram. In cases where authorization is needed from both the author of a work embodied in the phonogr and a performer or producer owning to the rights in the phonogr, the need for the authorization of the author does not cease to exist because the authorization of the performer or producer is also required, and vice versa. It is further understood that nothing in article 1 (2) (a) the Contracting Party of the preclud from providing exclusive rights to a performer or producer of a phonogram beyond those required to be provided under this Treaty. Concerning article 2 (b) It is understood that the definition of phonogr for the provided in the article 2 (b) does not suggest that rights in the phonogr with in any way affected through their incorporation into a cinematographic or other audiovisual work. Concerning articles 2 (e), 8, 9, 12, and 13 As used in these articles, the expressions "cop out" and "original and cop," being subject to the right of distribution and the right of rental under the said articles, refer exclusively to fixed a cop that can be put into circulation as of tangibl objects. Concerning article 3 It is understood that the reference in articles 5 (a) and 16 (a) (iv) of the Rome Convention to "national of another Contracting State" will, when applied to this Treaty, mean, in regard to an intergovernmental organization that is a Contracting Party to this Treaty, a national of one of the countries that is a member of that organization. Concerning article 3 (2) For the application of article 3 (2), it is understood that fixation means the finalization of the master tape ("Bande-mčr"). Concerning articles 7, 11 and 16 the reproduction right, as set out in articles 7 and 11, and the exception is permitted thereunder through article 16, fully apply in the digital environment, in particular to the use of performances and phonogram in digital form. It is understood that the storage of a protected performance or for an phonogr in digital form in electronic medium constitut a reproduction within the meaning of these articles. Concerning article 15 It is understood that article 15 does not complete a represen resolution of the level of rights of broadcasting and communication to the public that should be enjoyed by the performer and a producer for phonogr in the digital age. The Delegation were unable to achieve a consensus on differing proposals for aspects of exclusivity to be provided in certain circumstanc or for rights to be provided without the possibility of reservations, and have therefore left the issue to future resolution. Concerning article 15 It is understood that article 15 does not prevent the granting of the right conferred by this article the performer of folklore and producer of phonogram recording folklore where such phonogram have not been published for commercial gain. Concerning article 16: the agreed statement concerning article 10 (on limitations and Exception) of the WIPO Copyright Treaty is applicable mutatis mutandis also to article 16 (on limitations and Exception) of the WIPO performances and Phonogram Treaty will. Concerning article 19 the agreed statement concerning article 12 (on Obligations concerning Rights Management Information in) of the WIPO Copyright Treaty is applicable mutatis mutandis also to article 19 (on Obligations concerning Rights Management Information in) of the WIPO performances and Phonogram Treaty will.

World Intellectual Property Organization (WIPO) Treaty on performances and Phonograms confirmed the diplomatic Conference on 20 December 1996, in Geneva, in the preamble, chapter I Content. General provisions article 1. Relationship with other conventions article 2. Definitions article 3. Under this agreement article 4 of the protected person. Treatment of this Treaty, the Contracting State Chapter II. The rights of performers article 5. Moral rights of performers article 6. Economic rights of performers in respect of their fixed performances article 7. Right of reproduction article 8. Right of distribution article 9. Renting rights article 10. The right to make fixed performances available to the public, chapter III. The rights of producers of phonograms article 11. Right of reproduction article 12. Right of distribution article 13. Letting the law article 14. Right of making available of phonograms to the public. Chapter IV. Common provisions article 15. Right to remuneration for broadcasting and communication to the public article 16. Limitations and exceptions article 17. The term of protection article 18. Obligations with respect to the technical means article 19. Obligations concerning rights management information article 20. Formalities in article 21. Article 22 reservations. Application in time article 23. The procedures for the exercise of rights, chapter V. Administrative and final provisions article 24. Assembly of article 25. International Bureau article 26. Eligible to become party to this Treaty, article 27. Rights and obligations under this agreement article 28. Signature of the Treaty article 29. The entry into force of the Treaty article 30. The date by which the contract becomes binding upon its parties article 31. Denunciation of the Treaty article 32. The language of article 33 of the Treaty. Its preamble the Contracting States, desiring an effective and uniform as possible ways to improve and continue of performers and producers of phonograms rights, recognizing the need to adopt new international rules in order to ensure adequate solutions to the problems caused the new economic, social, cultural and technological achievements, recognizing it and communication technology development and mutual rapprochement the limited impact on performance (performance) and the production and use of phonograms, recognizing the need to maintain a balance between the artist and the rights of producers of Phonograms and the larger public interest, particularly education, and research, as well as the availability of information, agreed as follows: chapter I General provisions article 1 relation to other conventions (1) World Intellectual Property Organization Treaty on performances and Phonograms approved in 1996. 20 December in Geneva (hereinafter referred to as the agreement) does not reduce the obligations which the Contracting States have to each other under the International Convention on the performers, producers of Phonograms and broadcasting interests, adopted in Rome in 1961, 26 October (hereinafter referred to as the Rome Convention). (2) the protection afforded by this agreement, without prejudice to and in no way affect the protection of literary and artistic works of authors ' rights. So none of the provisions of the Treaty cannot be interpreted as detrimental to this protection. (3) this Treaty shall not in any way associated with other contracts, and it also does not affect any rights and obligations under any other treaties. Article 2 definitions for the purposes of this Treaty: (a) "performers" are actors, singers, musicians, dancers, and other persons, that reflects the role, sings, reads, declaim, play a musical instrument, interpret or otherwise perform literary, arts or folklore; (b) "phonogram" means the fixation of sounds or other sounds, or of a representation of sounds, other than cinematographic fixation or other audiovisual works embodied in the fixations; (c) "fixation" means the sound or sound rendering avatar, which enables the sound to be perceived, reproduced, or announce to the device; (d) "producer of a phonogram" means the natural or legal person who has taken the initiative in relation to the performance or other sounds, or the first fixation of the sound reproduction and is responsible for it; (e) of fixed performances or phonograms "publishing" is of fixed performances or phonograms to the public of copies of the offering with the consent of the rightholder, and provided that copies are offered to the public in reasonable quantity; (f) "transmission over the air" is the sound or picture and sound, or sound rendering direct broadcasts via wireless transmission technique, for reception by the public; transmission by satellite is also "broadcasting on the air"; the transmission of coded signals is "broadcasting in the air," If the public is to decode features provide broadcasters or these features are provided with the consent of the broadcasting organizations; (g) performance or phonogram "communicating with the audience" is a performance fixed in a phonogram sounds or sound or sound transmission to the public, reproduction by any means other than broadcasting. Article 15 the meaning of "communication to the public" means an activity that results in the hearing aid can be seen fixed in a phonogram audible or sound reproduction. Article 3 in accordance with this agreement, the persons to be protected (1) the Contracting States shall grant the protection of this Treaty to the performers and producers of phonograms, a Contracting State of the other citizens. (2) the term "nationals of other Contracting States" refers to those performers and producers of phonograms who fulfil the criteria entitling them to the Rome Convention protection in exactly the same way as all the Contracting States would be parties to the Rome Convention. With regard to eligibility criteria, the Contracting States shall apply article 2 of this Treaty referred to in the definition. (3) any Contracting State may, if it wishes to make use of the option laid down in the Rome Convention article 5 (3) of the Act, or under article 5 of this Convention, as well as referred to in article 17, shall submit a notification, as provided for in the relevant provisions, The World Intellectual Property Organization (WIPO) Director-General. Article 4 of this Treaty, the Contracting State treatment (1) each Contracting State against another Contracting State nationals referred to in article 3 (2) shall apply in the same way as it applies to its own nationals with regard to the requirements in this contract especially exclusive rights and the right to equitable remuneration, determined by article 15 of this Treaty. (2) in the first subparagraph of this article, the obligations do not apply to the extent that the other Contracting State shall use the reservations allowed under article 15 (3) of the Treaty. Chapter II rights of performers article 5 moral rights of performers (1) independently of a performer property rights, and even after this law has already been passed on, performers in respect of their performances, by the sound perceived or performances fixed in phonograms, have the right to request that he be identified as the performer, except where these rights are not given due to the use of the performance, as well as being entitled to protest against any mutilation of their performances , modification or other transformation, which could harm his reputation. (2) the right of performers to down in the first subparagraph shall be maintained after his death at least as long as it is in effect the economic rights, and these rights may use the person or institution, which then notified the Contracting State according to its laws, in which protection is sought. However, the Contracting States whose laws when the State ratifies this agreement or accede to it, does not provide all the preceding part of the protection of the rights referred to by the artist's death, may provide that some of these rights by artist death is no longer being maintained. (3) protection mechanisms required to ensure the rights provided for in this article, shall be governed by the laws of a Contracting State in which protection is sought. Article 6 economic rights of performers in respect of their fixed performances performers in respect of their performances is the exclusive right to authorize: (i) to broadcast over the air and announce to the public their fixed performances except where the performance is already a broadcast over the air, and (ii) the fixation of their performances not fixed. Article 7 right of reproduction performers shall enjoy the exclusive right to authorize the direct or indirect, in any shape or form to reproduce their performances fixed in phonograms. Article 8 right of distribution (1) Performers shall enjoy the exclusive right to authorize the making available to the public of their performances fixed in the original and the copy of a performance, by sale or other transfer of ownership. (2) Nothing in this Treaty shall affect the freedom of Contracting States to accept the rules, if any, required under the first paragraph of this article applicable to the expired after the artist permission she fixed the original or copy of a performance for the first time sold or ownership transferred to them otherwise. Article 9 right of Rental (1) Performers shall enjoy the exclusive right to authorize the commercial rental to the public of phonograms fixed its own performance in the original and the copies, as defined in the national legislation of contracting, even in cases where the original and the copies already distributed a performer or done with permission of the artist. (2) Notwithstanding the first subparagraph of this article, the provisions of the Contracting State in which the 1994 April 15 was and still is a force order, which provides for equitable remuneration to performers if their phonogram is leased to fixed performances, you can save a copy of the order provided that the commercial rental of phonograms did not cause significant damage to the performer's exclusive rights of reproduction. Article 10 right of making available of fixed performances of public performers shall enjoy the exclusive right of authorization, transmitting by wire or over the air, making available to the public of their performances fixed in a phonogram in such a way that members of the public can use it anywhere, anytime after each individual choice. Chapter III rights of producers of Phonograms article 11 right of reproduction producers of phonograms shall enjoy the exclusive right to authorize the direct or indirect, in any shape or form to reproduce their phonograms. Article 12 right of distribution (1) producers of phonograms shall enjoy the exclusive right to authorize the making available to the public of their Phonograms and copies of the originals, by sale or other transfer of ownership. (2) Nothing in this Treaty shall affect the freedom of Contracting States to accept the rules, if any, required under the first paragraph of this article shall apply to the rights after the permission of the producer of a phonogram or an original copy of a phonogram was first sold or ownership transferred to them otherwise. Article 13 right of Rental (1) producers of phonograms shall enjoy the exclusive right to authorize the commercial rental to the public of the needs your originals and copies of phonograms, even in cases where originals and copies already distributed a producer, or done with permission of the producer. (2) Notwithstanding the first subparagraph of this article, the provisions of the Contracting State in which the 1994 April 15 was and still is a force order, which provides for fair compensation for phonogram producers, of their phonograms are leased, may maintain this order provided that the commercial rental of phonograms would not cause material injury to the producers of phonograms the exclusive right of reproduction. Article 14 right of making available to the public of phonograms producers of phonograms shall enjoy the exclusive right of authorization, transmitting by wire or over the air, making their phonograms available to the public in such a way that members of the public can use them anywhere, anytime after each individual choice. Chapter IV common provisions article 15 right to remuneration for broadcasting or for communication to the public (1) performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes, to be broadcast on air, or communicate with the public in any other way. (2) the Contracting States in their regulatory provision may determine that the single equitable remuneration from the phonogram is entitled to require the user to both the performer and the phonogram producer and the two of them. The Contracting States may adopt laws that contain provisions under which the performers and phonogram producers of the single equitable remuneration shall be divided into those cases where they have not concluded a mutual agreement. (3) any Contracting State deposited with the Director-General of WIPO in the notification can declare that it will apply the provisions of the first subparagraph only in respect of certain uses, or somehow otherwise will limit the application of these rules, or that those rules do not apply at all. (4) for the purposes of this article, phonograms, transmitted by wire or over the air, become available to the public in such a way that members of the public can use them anywhere, anytime after each individual choice, equivalent to phonograms published for commercial purposes. Article 16 limitations and exceptions (1) Contracting States in their regulatory provision may provide the same kind of limitations of or exceptions to the performers and producers of phonograms the rights they have in their legislation and regulations established by the protection of literary and artistic works, the protection of the rights of authors. (2) the Contracting States any limitations and exceptions to the rights provided for in the present agreement determines only the specific cases when they do not interfere with performance or the normal exploitation of the phonogram and do not unreasonably prejudice the performers or producers of phonograms in's legitimate interests. Article 17 (1) the term of protection under this Treaty, the Executive term of protection guaranteed for at least 50 years from the end of the year, when the performance is fixed in a phonogram. (2) in accordance with this agreement, the producer of a phonogram in term of protection guaranteed for at least 50 years from the end of the year, when the phonogram was published, but if 50 years after the fixation of the phonogram is not published for 50 years from the end of the year, when the fixation was made. Article 18 obligations concerning technical means the Contracting States shall provide adequate legal protection and effective legal means to prevent the circumvention of existing technical means used by performers or producers of phonograms, īstenodam your rights under this agreement, and in respect of their performances or phonograms, limit any action which is not authorized by the performer or phonogram producer or that is not permitted by law. Article 19 obligations concerning rights management information (1) the Contracting States shall provide adequate and effective legal mechanisms against any person who knowingly performs any of the turpmākminētaj activities, if the person knows or should, taking into account the provisions of civil law, should be aware that this may cause, to make possible, facilitate, or conceal any of this Treaty right infringement, namely: (i) without authorization deletes or misrepresenting any electronic information on rights management; (ii) without authorization distributes, imports for distribution, broadcasts, published or made available to the public of performances, copies of fixed performances or phonograms knowing that electronic rights management information has been without authority removed or distorted. (2) for the purposes of this article, "rights management information" means information which identifies the performer, the performance of the performer, the producer of a phonogram, the phonogram, the person has any right to the performance or phonogram, or information about the performances or phonograms in the terms and conditions of use, and any numbers or codes that contain the following information, if any of the following items of information are attached to fixed performances or phonograms or copies appear to communicate with the audience whether because of the fixed performance or the phonogram is made available to the public. Article 20 formalities specified in this contract award and implementation is not subject to any formality. Article 21 reservations pursuant to article 15 (3) of the rules relating to this agreement no reservations. Article 22 Application in time (1) Contracting States by making appropriate amendments to apply article 18 of the Berne Convention in respect of the provisions set out in this agreement, performers and phonogram producers ' rights. (2) Notwithstanding the first subparagraph, Contracting States may limit the application of article 5 of the Treaty, to performances that made after the agreement entered into force in the country concerned. Article 23 rights (1) the Contracting States undertake, according to their own legal systems, take the measures necessary to ensure the application of this Treaty. (2) the Contracting States shall ensure that national regulatory provision for the procedures for the exercise of the rights that enable effective action to any of the rights laid down in the Treaty in the event of an infringement, including take urgent measures and action for the prevention of any possible future elimination of the infringement. Chapter v administrative and final clauses article 24 Assembly (1) (a) the Contracting States shall establish Assembly (b) each Contracting State Assembly by one delegate, who may be assisted by alternates, advisors, and experts. (c) the expenses of each delegation shall be borne by the Contracting State which approved this delegation. The Assembly may ask the world intellectual property organization to provide financial assistance to facilitate the participation of delegations of Contracting States, which according to UN General Assembly established practices are considered developing countries or which occurs in the transition to a market economy. (2) (a) the Assembly shall deal with questions related to the maintenance in force of this agreement, and development, as well as its application and operation. (b) the Assembly shall perform the function that it set out in article 26 (2) in respect of the admission of certain intergovernmental organizations of the parties to this agreement. (c) the Assembly shall decide on the convening of a diplomatic conference for the revision of this Treaty and give the Director General of WIPO for the necessary instructions for the preparation of such diplomatic conference. (3) (a) each Contracting Party shall, if it is a State owned by one vote and may vote only in its own name. (b) each Contracting Party shall, if it is an intergovernmental organization may participate in the vote, in place of its Member States, and the proportion of the number of votes is equal to the relevant organisations of the Member States, the competent organs of this Treaty. No such intergovernmental organization shall not participate in the vote if any of its Member States the same exercise theirs, and vice versa. (4) the Assembly shall meet in ordinary session every two years after the term of the Director-General of WIPO. (5) the Assembly shall adopt its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, pursuant to the provisions of this Treaty, of the different types of decision making required majority. Article 25 International Bureau the International Bureau of WIPO shall perform the administrative tasks concerning this Treaty. Article 26 right to become party to this Treaty (1) any Member State of WIPO may become party to this Treaty. (2) the Assembly may, by decision, take on a member of this Treaty any intergovernmental organization, which declares that it is competent in matters covered by this agreement, that it is in this area that your organization's Member States bound by the regulations and that it is in accordance with its internal rules of procedure is duly authorized to become party to this Treaty. (3) the European Community, if the preceding paragraph be submitted the notification referred to in the diplomatic conference that has adopted this Treaty, may become party to this Treaty. Article 27 rights and obligations under this contract if the contract does not contain a specific provision intended otherwise, each Contracting Party is all the rights and assume all obligations under this agreement. Article 28 of the Treaty, any Member State of WIPO and the European Community Member States can sign the contract until 31 December 1997. Article 29 entry into force of the Treaty this Treaty shall enter into force three months after the Director General of WIPO for the deposited 30 instruments of ratification or accession. Article 30 date to which the contract becomes binding on the parties to this agreement will become binding on: (i) article 29 the following 30 countries: the day when this Treaty enters into force; (ii) any other country — after three months from the date on which that State deposited its document retention in the Director-General of WIPO; (iii) the European Community, after three months of ratification or accession, the date of filing, if the document is deposited after the entry into force of this Treaty according to article 29, or, three months from the date of entry into force of the Treaty, if the document is deposited before the entry into force of the agreement; (iv) any other intergovernmental organization that is admitted as a member of this Treaty — after three months from the date of the instrument of accession deposited. Article 31 denunciation of the Treaty, any Contracting Party may denounce this agreement by submitting the appropriate notification addressed to the Director General of WIPO. Any denunciation shall take effect one year after the day on which the Director General of WIPO received the notification. Article 32 languages of the Treaty (3) this Treaty is signed in a single copy in the Arabic, Chinese, English, French, Russian and Spanish languages, each of these languages being equally authentic. (4) at the request of the party concerned and after consultation with all the interested parties to the Director General of WIPO approve an official text in any language that is not listed in the first paragraph of this article. The meaning of this paragraph, "interested party" means any Member State of WIPO, the official language or languages, which is one of its official languages, the scope of that request, as well as the European Community and any other intergovernmental organization that may become party to this Treaty, if the request relates to any of the following official languages of the organization. Article 33 depositary the Director General of WIPO is the depositary of this Treaty.

Joint statement concerning the World Intellectual Property Organization (WIPO) Treaty on performances and Phonograms confirmed the diplomatic Conference on 20 December 1996, in Geneva, in relation to article 1, it is considered that article 1 (2) explains the relationship between the rights laid down in the Treaty on phonograms and performances included the copyrights on the works. Where must get permission from both the author of the work embodied in the phonogram and a performer or producer of who holds the rights in the phonogram, a request for the permission of the author loses its force when it is required of the performer or producer is also authorised, and vice versa. It is also deemed that none of 1. (2) referred to in article does not prohibit the Contracting State to determine the performers or producers of phonograms shall enjoy the exclusive right of, in addition to those rights that are determined in accordance with this agreement. With regard to article 2 (b), it is considered that article 2 (b) in the definition of a phonogram in does not mean that rights in the phonogram in any way affect the inkorporēšan of cinematographic or other audiovisual work. 2. With regard to (e), 8, 9, 12 and 13 of the articles used the term "copies" and "original and copies, if they mean these articles set out the right of distribution and right of rental objects, apply exclusively to fixed copies that can be put into circulation as tangible objects. With regard to article 3, it is considered that the Rome Convention 5 (a) and 16 (a) (iv) the term used in the article "the other Contracting State" if it is applied to this Treaty, with regard to transnational organizations which are party to this Treaty, mean any Member State of the organisation. With regard to article 3 (2) of article 3 (2) for the purposes of the application of it is considered that the fixation of the phonogram means the final design of the original tape. For 7, 11 and 16 of article 7 and article 11 right of reproduction and the removal of article 16 exceptions to these rights can be fully attributed to the digital environment, in particular to the digital form includes the performance and the phonogram. It is believed that protected, digital form of the performance or phonogram included storage for electronic equipment within the meaning of that article must be regarded as reproduction. With regard to article 15, it is considered that article 15 is still not fully resolve all the issues on the right of communication to the public of what digital technology era due to the performers and producers of phonograms for broadcasting or communication to the public. The delegation was unable to reach a consensus on different proposals for the exclusivity in certain cases and on aspects of law to be determined by excluding the possibility of using disclaimers, so the final resolution of the matter was deferred to a later time. With regard to article 15, it is considered that article 15 does not prejudice the grant of the rights laid down in this article, the work of folklore performers of folklore work record and phonogram producers, where such phonograms have not been published for commercial purposes. With regard to article 16 of the joint statement concerning the WIPO Copyright Treaty, article 10 (limitations and exclusions) is applicable in making the necessary amendments, including the WIPO performances and Phonograms article 16 (limitations and exceptions). With regard to article 19 of the joint statement concerning the WIPO Copyright Treaty, article 12 (relating to information on rights management) is applicable in making the necessary amendments, including the WIPO performances and Phonograms article 19 (obligations concerning rights management information).