Advanced Search

The Convention For The Protection Of Producers Of Phonograms Against Unauthorized Duplication Of Their Phonograms

Original Language Title: Par Konvenciju par fonogrammu producentu aizsardzību pret neatļautu viņu fonogrammu pavairošanu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: The Convention for the protection of producers of Phonograms against unauthorized duplication of their phonograms, article 1.29 October 1971, the Geneva Convention for the protection of producers of Phonograms against unauthorized duplication of their Phonograms (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Ministry of culture presented at the world intellectual property organization's International Bureau article 8 of the Convention specified in point 1 of the documents. 4. article. The Convention shall enter into force on its article 11 within the time and in order, and shall notify the Ministry of Foreign Affairs Gazette "journal". The Parliament adopted the law of 24 March 1997. The President g. Ulmanis in Riga, 8 April 1997, in the Convention for the Protection of the Producer of Phonogram against Unauthorized Duplication of Their Phonogram of October 29, 1971 the Contracting States, concerned at the widespread and increasing unauthorized duplication of the phonogram and the damage this is occasioning to the interests of the author, performer and producer of phonogram; convinced that the protection of the producer of phonogram against such acts will also benefit the performer whose performance is, and the authors whose works are recorded on the phonogram said; Recognizing the value of the work undertaken in this field by the United Nations Educational, Scientific and Cultural Organization and the World Intellectual Property Organization; not to impair in any of anxio way international agreement already in force and in particular in no way to prejudice wider acceptance of the Rome Convention on October 26, 1961, which afford protection to broadcasting organizations and the performer as well as the producer of phonogram; have agreed to follow: article 1 (Definition) For the purpose of this Convention: (a) ' phonogr ' means any exclusively aural fixation of sounds of a performance or of other sounds; (b) "producer of a phonogram" means the person who, or the legal enitity which, first fixes the sounds of a performance or other sounds or; (c) "duplicate" means an article which contains sounds taken directly or indirectly from a phonogr in which to all or a substantial embod on of the sounds fixed in that phonogr; (d) "distribution to the public" means any by which duplicates of a phonogr with an offered directly or indirectly, to the general public or any section thereof. _____ _____ _____ _____ _____ _____ _____ _____ The articles have been given titles to their identification of facilitat. There are no titles in the signed text. Article 2 (Obligation of Contracting States; Whom they must protect and against what) Each Contracting State shall protect the producer of phonogram who with national of other Contracting States against the making of duplicates without the consent of the producer and against the importation of such duplicates, provided that any such making or importation is for the purpose of distribution to the public, and against the distribution of such duplicates to the public. Article 3 (means of implementation by Contracting States) the means by which this Convention is implemented shall be a matter for the domestic law of each Contracting State and shall include one or more of the following: protection by means of the grant of a copyright or other specific right; protection by means of the law relating to unfair competition; protection by means of penal sanctions. Article 4 (Term of Protection) the duration of the protection given shall be a matter for the domestic law of each Contracting State. Howev r, if the domestic law prescib a specific duration for the protection, that duration shall not be less than twenty years from the end of the year in which either the sounds embodied in the phonogr we were first fixed or of the year in which the phonogr was first published to. Article 5 (Formalit) If, as a condition of protecting the producer of phonogram, a Contracting State, under its domestic law, requires compliance with formalit, these shall be considered as fulfilled if all the authorized duplicates of the phonogr for distributed to the public or their containers bear a notice consisting of the symbol P, accompanied by the year date of the first publication placed in such manner, as to give reasonable notice of claim of protection; and, if the duplicates or their containers do not identify the producer, his successors in title or the exclusive license (by carrying his name, trademark or other appropriate designation), the notice shall also include the name of the producer, his successors in title or the exclusive license. Article 6 (limitations on Protection) Any Contracting State which afford protection by means of copyright or other specific right, or protection by means of penal sanctions, may in its domestic law provide, with regard to the protection of the producer of the phonogram, the same kind of limitations as are permitted with respect to the protection of authors of literary and artistic works. However, compulsory licenses may be permitted from, unless all of the following conditions are met: (a) the axis duplication for use solely for the purpose of teaching or scientific research; (b) the license shall be valid for duplication only within the territory of the Contracting State whose competent authority has granted the license and shall not extend to the export of duplicates; (c) the duplication made under the license, give rise to the of an equitable remuneration fixed by the said authority taking into account, inter alia, the number of duplicates which will be made. Article 7 (savings: 1. Safeguard of copyright and Not ighboring rights; 2. Protection for Performer; 3. Non-Retroactivity; 4. the Substition of the Criterion of Fixation) (1) this Convention shall in no way be interpreted to limit or prejudice the protection otherwise secured to authors, the performer, the producer of the phonogram or broadcasting organizations under any domestic law or international agreement. (2) It shall be a matter for the domestic law of each Contracting State to determin the exten, if any, to which the performer whose performance is fixed in a phonogr with the entitled to enjoy protection for and the conditions for enjoying any such protection. (3) the Contracting State shall be required to apply the provision of this Convention to any phonogr to fixed before this Convention entered into force with respect to that State. (4) Any Contracting State which, on October 29, 1971, to afford protection to the producer of phonogram solely on the basis of the place of first fixation may, by a notification deposited with the Director General of the World Intellectual Property Organization, declare that it will apply this criterion instated of the criterion of the nationality of the producer. Article 8 (Secretariat) (1) the International Bureau of the World Intellectual Property Organization shall assemble and publish information concerning the protection of phonogram. Each Contracting State shall promptly communications to the International Bureau all new laws and official texts on this subject. (2) the International Bureau shall, on request, information to any Contracting State finish on matters concerning this Convention, and shall conduct studies and provide services designed to facilitat the protection provided for therein. (3) the International Bureau shall exercise the functions enumerated in paragraphs (1) and (2) above in cooperation, for matters within their competence, respectiv is with the United Nations Educational, Scientific and Cultural Organization and the International Labour Organisation. Article 9 (Joining the Convention: 1. signature and deposit; 2. Ratification and Accession; and 3. 4. States ' Obligations as to their Domestic Law) for the (1) this Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until April 30, 1972, for signature by any State that is a member of the United Nations, any of the Specialized agencies to into relationship with brough the United Nations, the International Atomic Energy Agency or, or is a party to the Statute of the International Court of Justice. (2) this Convention shall be subject to ratification or acceptance by the signatory States. It shall be open for accession by any State referred to in paragraph (1) of this article. (3) Instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations. (4) It is understood that, at the time a State bound by this Convention of Linux, it will be in a position in accordanc with its domestic law to give effect to the provision of the Convention. Article 10 (Reservations) From reservation to this Convention are permitted. Article 11 (Entry into force and Applicability: 1 and 2. Entry into Force of the Convention; 3 and 4. Applicability of the Convention to Certain Territories) (1) this Convention shall enter into force three months after deposit of the fifth instrument of ratification, acceptance or accession. (2) For each State ratifying, accepting or acceding to this Convention after the deposit of the fifth instrument of ratification, acceptance or accession, the Convention shall enter into force three months after the date on which the Director General of the World Intellectual Property Organization informs the States, in accordanc with article 13, paragraph (4), of the deposit of its instrument. (3) Any State may, at the time of ratification, acceptance or accession or at any later date, declare by notification addressed to the Secretary-General of the United Nations that this Convention shall apply to all or any one of the territories for whose international affairs it is responsible. This notification will take effect three months after the date on which it is received. (4) However, the preceding paragraph may in no way be understood as implying the recognition or acceptance by Contracting the taci (a) State of the factual situation concerning a territory to which this Convention is made applicable by another Contracting State by virtue of said paragraph. Article 12 (Denunciation of the Convention) (1) Any Contracting State may denounc this Convention, on its own behalf or on behalf of any of the territories referred to in article 11, paragraph (3), by written notification addressed to the Secretary-General of the United Nations. (2) Denunciation shall take effect twelve months after the date on which the Secretary-general of the United Nations has received the notification. Article 13 (Language and Notification) (1) this Convention shall be signed in a single copy in English, French, Russian and Spanish, the four texts being equally authentic. (2) Official texts shall be established by the Director General of the World Intellectual Property Organization, after consultation with the interested Governments, in the Arabic, Dutch, German, Italian and Portuguese languages. (3) the Secretary-General of the Nation shall notify the Unita is the Director General of the World Intellectual Property Organization, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director-General of the International Labour Office of: (a) signatures to this Convention; (b) the deposit of instruments of ratification, acceptance of accession; (c) the date of entry into force of this Convention; (d) any declaration notified pursuan to article 11, paragraph (3); (e) the receipt of notifications of denunciation. (4) the Director General of the World Intellectual Property Organization shall inform the States referred to in article 9, paragraph (1), of the notifications received to the preceding pursuan paragraph and of any declarations made under article 7, paragraph (4). He shall also notify the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director-general of the International Labour Office of such declarations. (5) the Secretary-General of the United Nations shall transmit two certified cop to of this Convention to the States referred to in article 9, paragraph (1).

Convention for the protection of producers of Phonograms against unauthorized duplication of their phonograms 1971 29 October, Member States, being concerned about the widespread and adult unauthorized reproduction of Phonograms and the damage this does to the author, of performers and producers of Phonograms; convinced that the protection of producers of Phonograms against such acts will also benefit the performers and authors whose works are appearances and recorded one of the phonogram; Recognizing the value of the work in this area carried out by the United Nations Educational, scientific and Cultural Organization and the world intellectual property organization; without wishing in any way to weaken existing international treaties and, in particular, in any way harm the 26 October 1961 Rome Convention, which protects performers and broadcasters, as well as producers of phonograms, broader acceptance; have agreed as follows: article 1 for the purposes of this Convention: (a) "phonogram" means the fixation) or other sounds exclusive aurāl fixation (an entry visible only by hearing); (b)) "producer of a phonogram" means the natural or legal person who first recorded performance sounds or other sounds in a phonogram; (c)) "copy" is the sound of the media containing phonograms recorded directly or indirectly all or significant parts of the sound; (d) "public dissemination") is any activity that results in a copy directly or indirectly offered to the public or any part thereof. Article 2 each Member State shall undertake to protect producers of phonograms-nationals of other Member States a copy of the phonogram interests against the construction without permits and the producer of such copies of the import, manufacture or import if the purpose is public distribution, as well as to the public of phonograms. Article 3 of the Convention is applied for the implementation of each country's national legislation and the question itself must include one or more of the following: protection by applying the copyright or other specific right; protection, applying the law relating to unfair competition; protection by applying sanctions (criminal penalties). Article 4 the duration of protection is provided by each Contracting State's national legislation. Although, if national legislation prescribes specific terms of protection, the period shall be not less than 20 years from the end of the year, when the phonogram sounds were first fixed or from the end of the year, when the phonogram was first put up (published). Article 5 where a Member State, in accordance with their national legislation, shall be required to respect the formalities for the protection of producers of phonograms, then they are considered to be fulfilled if all the authorized duplicates of the phonogram that is publicly distributed or the packaging thereof shall bear a mark-the symbol P, which present the mentioned pirmpublicēšan of the year and location of which clearly indicate the rights of defence; and, if the copies or their packaging do not indicate the producer, its successor State or one of the license holder (name, trade mark or other appropriate reference), Mark also includes the production, or the successor State only the name of the license holder. Article 6 any Member State which granted the protection, using a copyright or other specific right, or by laying down criminal penalties, may in their national legislation as regards producers of phonograms to fix the same restrictions as are allowed in literary and artistic works. However, you can prevent any compulsory license, if not all of the following conditions are fulfilled: (a) the reproduction is made) only training or scientific research purposes; b) license is valid only for reproduction in the territory of a Contracting State whose competent authority granted the license and it does not apply to the export of copies; (c)), carried out under the licence, produce equal compensation fixed by the said authority taking into account, inter alia, the planned number of copies. 7. Article 1 this Convention does not in any way is interpreted as limiting or prejudicing the protection, which otherwise, under national legislation or international agreements is provided for authors, performers, producers of phonograms or broadcasting. 2. the national legislation of each Member State is to determine-in terms of the extent to which performers whose performance is fixed in phonograms, have the right to be protected and conditions of such protection. 3. No Member State shall not be required to apply the provisions of this Convention to any phonogram fixed before which this Convention entered into force in the country. 4. a Member State which 1971 29 October granted protection to producers of phonograms solely on the basis of the place of first fixation, shall notify the Director-General of the world intellectual property organisation, that it will apply this criterion the criterion of the nationality of the producer. 8. Article 1. World Intellectual Property Organization, the International Bureau shall assemble and publish information concerning the protection of phonograms. Each Member State shall communicate to the International Bureau all new laws and official documents in this area. 2. the International Bureau, upon request of any Member State, provide information on the issues in the context of this Convention, undertake analysis and provide services intended to ensure the protection provided for in the Convention. 3. the International Bureau shall perform the functions listed above in the paragraphs 1 and 2, their respective competences, cooperation with the United Nations Educational, scientific and Cultural Organization and the International Labour Organization. 9. Article 1 of This Convention shall be deposited. The Secretary-General of the United Nations. It is open for signature until 1972 30 April for any United Nations Member State to any specialised agency that is associated with the United Nations, the International Atomic Energy Agency, or is a member of the Statute of the International Court of Justice. 2. the Signatory countries ratify or accept the Convention. You can join any of the countries referred to in paragraph 1. 3. instruments of ratification, acceptance and accession are submitted to the Secretary-General of the United Nations. 4. it is assumed that at the time when this Convention becomes binding on any country, its national legislation are in conformity with the requirements laid down in the Convention. 10. Article this Convention shall not be permitted without any reservations. 11. Article 1 this Convention shall enter into force three months after the fifth instrument of ratification, acceptance or accession. 2. for each State which ratifies, accepts or accedes to this Convention after the fifth instrument of ratification, acceptance or accession, the Convention shall enter into force three months after the date of the world intellectual property organization the Director General inform the countries in accordance with paragraph 4 of article 13 of the national instrument. 3. any State of the instrument of ratification, acceptance or accession, or ever can later, addressing a communication to the United Nations, declare that this Convention is force all or any one of the territory on which international questions they bear responsibility. This declaration shall enter into force three months after its receipt. 4. However, the above paragraph does not in any way can not be understood to mean that a Member State shall recognise or tacit acceptance of the actual situation concerning a territory to which this Convention is made applicable by paragraph of that article, with the assistance of another Member State. 1. Article 12 any Member State to the United Nations addressed to the Secretary-General of the notification may denounce this Convention, on its own behalf or on behalf of any of the territories referred to in paragraph 3 of article 11. 2. Denunciation shall take effect twelve months after the date on which the Secretary-General of the United Nations has received the notification. Article 13 this Convention is signed 1 in a single copy in the English, French, Russian and Spanish languages, the four texts being equally authentic. 2. Official texts establish the world intellectual property organization the Director General before the consultations with interested Governments in the Arabic, German, Dutch, Italian, and Portuguese languages. 3. The Secretary-General of the United Nations shall notify the Director-General of the world intellectual property organisation, United Nations Educational, scientific and Cultural Organization and the Director-General of the International Labour Organisation Director-General concerning: (a) the signing of the Convention); b) instruments of ratification, acceptance or accession; (c)) date of entry into force of this Convention; (d) any declaration) made pursuant to paragraph 3 of article 11; e) denunciation received. 4. The World Intellectual Property Organization shall inform the Director-General, article 9, paragraph 1, States of the notifications received pursuant to the preceding paragraph and of any declarations made in accordance with paragraph 4 of article 7. It announces the following declaration to the United Nations Educational, scientific and Cultural Organization and the Director-General of the International Labour Organisation's Director-General. 5. The Secretary-General of the United Nations sent to the countries referred to in article 9, paragraph 1, of the Convention, approved two copies. Stating the above, the undersigned, being duly authorised thereto, have signed this Convention in Geneva, October 1971, twenty-ninth day.