Rs 0.231.171 International Convention Of October 26, 1961, On The Protection Of The Performers, Producers Of Phonograms And Broadcasting Organizations

Original Language Title: RS 0.231.171 Convention internationale du 26 octobre 1961 sur la protection des artistes interprètes ou exécutants, des producteurs de phonogrammes et des organismes de radiodiffusion

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0.231.171 original text International Convention on the protection of the performers, producers of Phonograms and broadcasting organizations concluded in Rome on 26 October 1961, approved by the Federal Assembly on 4 June 1992 Instrument of accession deposited on 24 June 1993 entry into force for the Switzerland by the Switzerland on 24 September 1993 (status April 23, 2012) Contracting States driven by the desire to protect the rights of the performers, producers of Phonograms and broadcasting organizations, have agreed on the following: art. 1. the protection provided by this Convention leaves intact and in no way affect the protection of copyright in literary and artistic works. Accordingly, no provision of this Convention may be interpreted as affecting this protection.

Art. 2-1. For the purposes of this Convention, national treatment means, the treatment that the Contracting State on the territory of which the protection is sought granted, under its national law: a) to the performers, who are its nationals, for performances that take place, are set for the first time, or are radio-broadcast, on its territory; b) to producers of phonograms who are its nationals (, the phonogram that are, for the first time, fixed or published on its territory; c) to broadcasting organizations having their headquarters on its territory, for broadcast by transmitters located on this territory.

2. national treatment will be granted, given expressly guaranteed protection and limits expressly provided for in this agreement.

Art. 3 for the purposes of this Convention, means: a) "performers", the actors, singers, musicians, dancers and other persons who represent, sing, recite, declaim, play or perform in any other way literary or artistic works; b) ' phonogram', any exclusively sound fixation of the sounds coming from a performance or other sounds; c) "producer of phonograms", the physical or legal person who ((((, the first fixes the sounds of a performance or other sounds; d) "publication", the making available to the public copies of a phonogram in quantity sufficient; e) 'reproduction', making a copy or several copies of a fixation; f) "broadcast", the dissemination of sounds or of images and sounds by means of radio waves, for the purposes of reception by the public; g) "rebroadcasting". the simultaneous broadcast by a broadcaster of a broadcast of another broadcasting organization.

Art. 4 each Contracting State will grant national treatment to the performers every time that one of the following conditions is met: a) the performance takes place in another Contracting State; b) execution is recorded on a phonogram protected under art. 5 below; c) execution not fixed on phonogram is broadcast by a broadcast protected under art. 6 art. 5-1. Each Contracting State will give national producers of phonograms treatment whenever one of the following conditions is met: a) the phonogram producer is a national of another State contractor (criterion of nationality); b) the first fixation of the sound was made in another State (criterion of fixation) contractor; c) the phonogram was published for the first time in another State contractor (criterion of publication).

2. when the first publication occurred in a State not contracting but that the record was also released, within thirty days following first publication, in a State contractor (simultaneous publication), this record will be considered as having been published for the first time in the Contracting State.
3. any Contracting State may, by a notification deposited with the Secretary-General of the United Nations, declare that it will not, apply the criterion of publication or the criterion of fixation. This notification can be filed at the time of ratification, acceptance or accession, or at any other time. in the latter case, it shall become effective six months after it is filed.

Art. 6-1. Each Contracting State will grant national broadcasters treatment whenever one of the following conditions is met: a) the headquarters of the broadcasting organization is situated in another Contracting State, b) was broadcast by a transmitter located on the territory of another Contracting State.

2. any Contracting State may, by a notification deposited with the Secretary-General of the United Nations, declare that he will give protection to broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and if the show was broadcast by a transmitter located on the territory of the same Contracting State. This notification may be made at the time of ratification, acceptance or accession, or at any other time. in the latter case, it shall become effective six months after it is filed.

Art. 7-1. The protection provided by the Convention for the performers is expected to impede: a) the broadcasting and communication to the public of their execution without their consent, except where the performance used in the broadcasting or the public communication is itself already a broadcast performance or is made from a fixation; b) to fixing without their consent on a material carrier of their unfixed performance; c) at reproduction without consent of a fixation of their performance: (i) when the first fixation itself was made without their consent; (ii) where the reproduction is made for purposes other than those for which they gave their consent; (iii) where the first fixation has been made under the provisions of art. 15 and has been reproduced for purposes other than those covered by these provisions.

2. (1) it is for the national law of the Contracting State on the territory of which protection is sought to provide for the protection against rebroadcasting, fixation for broadcasting purposes and the reproduction of such fixation for broadcasting purposes, when the performer has consented to broadcasting. (2) the terms of use by broadcasting organizations of fixations made for broadcasting purposes will be settled under the domestic law of the Contracting State on the territory of which the protection is sought. (3) However, the national law, in the cases referred to in paras. (1) and (2) of this paragraph, cannot have the effect to deprive performers of the ability to adjust, by contract, their relations with broadcasting organizations.

Art. 8. any Contracting State may, by its domestic law, determine the modalities according to which the performers will be represented, with respect to the exercise of their rights, when many of them involved in a same delivery.

Art. 9 any Contracting State may, by its domestic law, extend the protection provided for in this Convention to artists who do not perform literary or artistic works.

Art. 10. producers of phonograms shall enjoy the right to authorize or prohibit the direct or indirect their phonogram reproduction.

Art. 11. where a Contracting State requires, under its national law, the completion of formalities, as a condition of protection, for phonograms, rights either of producers of phonograms, or of performers, or both and others, these requirements shall be considered as fulfilled if all the copies in commerce of the published phonogram or the case containing bear a mention by the symbol (P), accompanied by an indication of the year of first publication, affixed in a manner showing clearly that the protection is reserved. In addition, if the copies or their case do not identify the producer of the phonogram or the holder of the license granted by the producer (through the name, brand or any other appropriate designation), the notice shall also include the name of the owner of the rights of the producer of the phonogram. Finally, if the copies or their cases do not allow to identify the principal performers, the notice shall also include the name of the person who, in the country where the fixation took place, holds the rights to these artists.

Art. 12. when a public record for trade purposes, or a reproduction of the phonogram, is used directly for broadcasting or for communication any to the published, fair and unique compensation will be paid by the user to the performers, or to the producers of phonograms, or to both. National legislation may, fault okay between these various stakeholders, determine the conditions of the distribution of that remuneration.

Art. 13. broadcasting organizations shall enjoy the right to authorize or prohibit:


((a) the re-broadcasting of their broadcasts; b) the fixation on a material support of their emissions; c) reproduction: (i) of fixations, made without their consent, of their broadcasts; ((ii) ii) of fixations, made under the provisions of art. 15, of their broadcasts and reproduced for purposes other than those referred to in those provisions;

(d) the communication to the public of their television shows, when it is made in places accessible to the public against payment of an entrance fee; It belongs to the national legislation of the country where protection of this right is requested to determine the conditions for the exercise of that right.

Art. 14 the duration of protection to be granted under this agreement cannot be less than a period of twenty years from: a) the end of the year of fixation, for phonograms and performances fixed thereon; b) the end of the year where the execution took place, for performances that are not fixed on phonograms; c) the end of the year in which the broadcast took place , for broadcasts.

Art. 15-1. Any Contracting State has the right to include in its national legislation exceptions to the protection guaranteed by this Convention in the following cases: a) when it comes to private use; b) where there is use of short fragments during the account made a news event; c) when there is attachment ephemeral by a broadcaster by its own means and for its own broadcasts; d) where there is use only for the purpose of teaching or scientific research.

2. without prejudice to the provisions of the by. 1 above, any Contracting State has the right to limit its national law with regard to the protection of the performers, producers of Phonograms and broadcasting organizations, the same nature as those provided for in this legislation regarding the protection of the copyright in literary and artistic works. However, compulsory licenses may be imposed insofar as they are compatible with the provisions of this Convention.

Art. 16-1. By becoming a party to this Convention, any State accepts obligations and is admitted to all the benefits that it provides. However, a State may at any time to specify, in a notification deposited with the Secretary-General of the Organization of the United Nations: has) with regard to art. 12: (i) that it will not apply the provisions of this article; (ii) that it will not apply the provisions of this article in respect of certain uses; (iii) that it will not apply the provisions of this article with respect to phonograms whose producer is not a national of a Contracting State; (iv) as regards phonograms whose producer is a national of another Contracting State It will limit the scope and the term of protection provided for in this article, to those of the protection that the latter State Contracting grants to phonograms fixed for the first time by the national of the State making the declaration; However, when the Contracting State of which the producer is a national does not grant the protection to the same beneficiary or to the same recipients the Contracting State making the declaration, this fact will not be considered as constituting a difference as to the scope of protection;

(b) with regard to art. 13, that it will not apply the provisions of para. (d) of this article; If a Contracting State makes such a declaration, the other Contracting States are not obliged to grant the right referred to in para. (d) of art. 13 to broadcasting organizations having their headquarters on the territory of that State.

2. If the notification referred to in paragraph 1 of the present article is filed on a date later than that of the deposit of the instrument of ratification, acceptance or accession, it shall become effective six months after it is filed.

Art. 17. any State that the national legislation in force on October 26, 1961, grants to producers of phonograms protection based on the criterion of fixation may, by a notification deposited with the Secretary-General of the United Nations as its instrument of ratification, acceptance or accession, declare that it will apply only the criterion of fixation for the purposes of art. 5, and this same criterion of fixation instead of the criterion of the nationality of the producer for the purposes of the by. 1, al. (a), (iii) and (iv), art. 16 art. 18. any State which has made one of the declarations provided for in art. 5, by. 3, art. 6, by. 2, art. 16, by. 1 or art. 17 may, by a new notification to the Secretary-General of the Organization of the United Nations, to reduce the scope or withdraw it.

Art. 19. Notwithstanding any other provisions of this Convention, art. 7 will cease to be applicable once a performer has consented to the inclusion of his performance in a fixation of images or of images and sounds.

Art. 20-1. This Convention shall not affect rights acquired in one any of the Contracting States prior to the date of entry into force for that State of the Convention.
2. no Contracting State will be required to apply the provisions of this Convention executions, or broadcasts of broadcasting took place, or registered records, previously to the date of entry into force for that State of the Convention.

Art. 21. the protection provided by the Convention cannot undermine that could otherwise benefit the performers, producers of Phonograms and broadcasting organizations.

Art. 22. Contracting States reserve the right to take them of specific arrangements, so that these arrangements would provide the performers, producers of phonograms or broadcasting organizations of more extensive rights than those granted by this Convention or that they contain other provisions not contrary to this.

Art. 23. the present Convention will be deposited with the Secretary-General of the United Nations. It is open until June 30, 1962, at the signing of the States invited to the diplomatic Conference on the international protection of the performers, producers of Phonograms and broadcasting organizations, which are parties to the universal Convention on copyright or members of the International Union for the protection of literary and artistic works.

SR 0.231.0/.01 art. 24 1. This agreement will be subject to ratification or acceptance of the signatory States.
2. the present Convention will be open for accession by the States invited to the Conference referred to in art. 23, as well as the accession of any State member of the United Nations, provided that the State party is party to the universal Convention on copyright or member of the International Union for the protection of literary and artistic works.
3. ratification, acceptance or accession will be by the deposit of an instrument to that effect with the Secretary-General of the United Nations.

SR 0.231.0/.01 art. 25 1. This Convention will enter into force three months after the date of the deposit of the sixth instrument of ratification, acceptance or accession.
2. Subsequently, the Convention will enter into force, for each State, three months after the date of the deposit of its instrument of ratification, acceptance or accession.

Art. 26-1. Any Contracting State undertakes to take the necessary measures to ensure the application of this Convention in accordance with the provisions of its constitution.
2. at the time of the deposit of its instrument of ratification, acceptance or accession, any State must be able, in accordance with its national law, apply the provisions of this Convention.

Art. 27 1. Any State may, at the time of ratification, acceptance or accession, or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations, the Convention will extend to all or any any territories and is responsible for international relations, provided that the Universal Copyright Convention or the International Convention for the protection of literary and artistic works is applicable to the territories in question. This notification will take effect three months after the date of its receipt.
2. the declarations and notifications referred to in art. 5, by. 3, art. 6, by. 2, art. 16, by. 1, art. 17 or art. 18, may be extended to all or one any of the territories referred to in the paragraph above.

RS 0.231.0/.01 RS 0.231.12/.15 art. 28 1. Any Contracting State shall have the right to denounce this Convention, either in its own name or in the name of one any or all of the territories referred to in art. 27 2. The denunciation shall be made by notification to the Secretary-General of the United Nations and will take effect 12 months after the date on which the notification has been received.

3. the Faculty of denunciation provided for in this article may be exercised by a Contracting State before the expiry of a period of five years from the date from which the Convention entered into force in respect of that State.
4 any Contracting State ceases to be a party to this Convention from the moment where he would not be nor a party to the universal Convention on copyright law nor a member of the International Union for the protection of literary and artistic works.
5. the present agreement ceases to be applicable to any territory referred to in art. 27, the moment where neither the Universal Copyright Convention nor the International Convention for the protection of literary and artistic works would no longer apply to that territory.

RS 0.231.0/.01 RS 0.231.12/.15 art. 29 1. After this Convention has been in force for five years, any Contracting State may, by notification to the Secretary-General of the United Nations, request the convening of a conference for the purpose to review the Convention. The Secretary-General shall notify all Contracting States this request. If, within a period of six months from the date of the notification by the Secretary general of the United Nations, half at least Contracting States him their concurrence to this request, the Secretary-General will inform the Director-general of the international Bureau of labour, the Director-general of the United Nations Organization for education, science and culture and the Director of the Bureau of the International Union for the protection of literary and artistic works which will call for a review conference in collaboration with the Intergovernmental Committee provided for in art. 32 2. Any revision of this Convention should be adopted by a majority of two thirds of the States attending the revision Conference, provided that this majority includes two-thirds of the States which, at the date of the revision Conference, are parties to the Convention.
3. in case a new Convention revising total or partial of the Convention would be adopted, and unless the new Convention provides otherwise: a) this Convention shall cease to be open to ratification, acceptance or accession, from the date of entry into force of the new Convention revising; b) this agreement will remain in effect regarding relations with Contracting States which do not become parties to the new Convention.

Art. 30. any dispute between two or more Contracting States concerning the interpretation or application of this Convention, which is resolved by negotiation, will be at the request of one of the disputants, brought before the International Court of Justice for determination by it, unless the States concerned agree on another mode of settlement.

Art. 31. without prejudice to the provisions of art. 5, by. 3, art. 6, by. 2, art. 16, by. 1, and art. 17, no reservation may be made to this Convention.

Art. 32 1. There is established an Intergovernmental Committee with a mission: a) to examine issues related to the application and operation of this Convention; b) to collect proposals and to prepare documentation for possible revision of the Convention.

2. the Committee shall consist of representatives of the Contracting States, chosen taking into account equitable geographical distribution. The number of members of the Committee will be six if one of the Contracting States is less than or equal to 12, nine if the number of Contracting States is thirteen to eighteen, and twelve if the number of Contracting States exceeds 18.
3. the Committee will be constituted twelve months after the entry into force of the Convention, as a result of an election organized among the Contracting States - which each have a vote - by the Director general of the international labour office, the Director-general of the United Nations Organization for education, science and culture, and the Director of the International Union for the protection of literary and artistic works , in accordance with rules which have been approved beforehand by the absolute majority of the Contracting States.
4. the Committee shall elect its Chairman and his office. It will establish a domestic regulation in particular on its future functioning and its mode of renewal, this regulation will include a rotation among the various Contracting States.
5. the secretariat of the Committee will be composed of officials of the international Bureau of labor, the United Nations Organization for education, science and culture, and the Bureau of the International Union for the protection of literary and artistic works designated respectively by the Directors-General and the Director of the three institutions concerned.
6. the meetings of the Committee, which shall be convened whenever a majority of its members deems it useful, will be held successively at the headquarters of the international Bureau of labor, the United Nations Organization for education, science and culture, and the Bureau of the International Union for the protection of literary and artistic works.
7. the fees of the members of the Committee will be borne by their respective Governments.

Art. 33-1. This Convention is established in french, English and Spanish, the three texts being equally authentic.
2. it will, on the other hand, established the official texts of the present Convention in German, Italian and Portuguese.

Art. 34 scope on 23 April 2012 reservations and declarations 1. The Secretary-General of the United Nations shall inform the States invited to the Conference referred to in art. 23 and every State member of the Organization of the United Nations, as well as the Director-general of the international labour office, the Director-general of the United Nations Organization for education, science and culture, and the Director of the Bureau of the International Union for the protection of literary and artistic works: a) the deposit of any instrument of ratification, acceptance or accession; b) from the date of entry into force of the Convention; c) notifications (, statements and other communications provided for in this Convention; d) in all cases where one of the situations envisaged would occur to the by. 4 and 5 of art. 28 2. The Secretary-General of the United Nations will also inform the Director-general of the international Bureau of labour, the Director-general of the United Nations Organization for education, science and culture and the Director of the International Union for the protection of literary and artistic works of applications that will be notified, according to art. 29, as well as of any communication received from the Contracting States on the revision of this Convention.
In faith whereof the undersigned, duly authorized to that effect, have signed this Convention.
Done in Rome, October 26, 1961, in a single copy in french, English and Spanish. Certified copies will be given by the Secretary-General of the Organization of the United Nations to all the States invited to the Conference referred to in art. 23 and to every State member of the Organization of the United Nations, as well as to the Director-general of the international Bureau of labour, the Director-general of the United Nations Organization for education, science and culture, and the Director of the Bureau of the International Union for the protection of literary and artistic works.
(Follow signatures)

Scope on 23 April 2012 States parties Ratification, accession (A) Declaration of estate (S) entry into force Albania June 1, 2000 was 1 September 2000 Algeria * January 22, 2007 April 22, 2007 Germany * July 21, 1966 October 21, 1966 Andorra 25 February 2004 A may 25, 2004 Argentina December 2, 1991 2 March 1992 Armenia 31 October 2002 has January 31, 2003 Australia * 30 June 1992 30 September 1992 Austria * 9 March 1973 9 June 1973 Azerbaijan

8 July 2005 October 8, 2005 Bahrain 18 October 2005 has 18 January 2006 Barbados 18 June 1983 A September 18, 1983 Belarus * February 27, 2003 has 27 May 2003 Belgium * 2 July 1999 2 October 1999 Bolivia 24 August 1993 has 24 November 1993 Bosnia and Herzegovina 19 February 2009 19 May 2009 Brazil June 29, 1965 29 September 1965 Bulgaria * may 31, 1995 August 31, 1995 Burkina Faso 14 October 1987 has 14 January 1988 Canada *.

4 March 1998 4 June 1998 Cap - Vert 3 April 1997 was July 3, 1997 Chile June 5, 1974 5 September 1974 Cyprus March 17, 2009 to June 17, 2009 Colombia June 17, 1976 has 17 September 1976 Congo (Brazzaville) * June 29, 1962 was May 18, 1964 (South) Korea * December 18, 2008 March 18, 2009 Costa Rica * June 9, 1971 has Croatia September 9, 1971 * January 20, 2000 April 20, 2000 Denmark * June 23, 1965 September 23, 1965

Dominique 9 August 1999 A November 9, 1999 El El Salvador March 29, 1979 has 29 June 1979 United Arab Emirates United October 14, 2004 to January 14, 2005 Ecuador December 19, 1963 may 18, 1964 Spain * 14 August 1991 14 November 1991 Estonia * January 28, 2000 April 28, 2000 Fiji * January 11, 1972 has 11 April 1972 Finland * 21 July 1983 October 21, 1983 France * April 3, 1987 July 3


1987 Georgia may 14, 2004 August 14, 2004 Greece 6 October 1992 has 6 January 1993 Guatemala 14 October 1976 has 14 January 1977 Honduras November 16, 1989 to February 16, 1990 Hungary November 10, 1994 10 February 1995 Ireland * June 19, 1979 19 September 1979 Iceland * 15 March 1994 June 15, 1994 Israel * September 30, 2002 December 30, 2002 Italy * January 8, 1975 8 April 1975 Jamaica 27 October 1993 A 27 January 1994 Japan * 26 July 1989 At 26 October 1989 Kazakhstan March 30, 2012 at 30 June 2012 Kyrgyzstan may 13, 2003 A 13 August 2003 Lesotho * October 26, 1989 at 26 January 1990 Latvia * may 20, 1999 20 August 1999 Lebanon may 12, 1997 12 Aug 1997 Liberia 16 September 2005 A December 16, 2005 Liechtenstein * July 12, 1999 October 12, 1999 Lithuania * 22 April 1999 July 22, 1999 Luxembourg * November 25, 1975 at 25 February 1976 Macedonia * 2 December 1997 at

March 2, 1998 Mexico February 17, 1964 18 May 1964 Moldova * 5 September 1995 has 5 December 1995 Monaco * September 6, 1985 December 6, 1985 Montenegro 23 October 2006 S 3 June 2006 Nicaragua 10 May 2000 was August 10, 2000 Niger * April 5, 1963 has 18 May 1964 Nigeria * 29 July 1993 has 29 October 1993 Norway * 10 April 1978 10 July 1978 Panama June 2, 1983 has 2 September 1983 Paraguay November 26, 1969 February 26, 1970

Netherlands * 7 July 1993 7 October 1993 Peru 7 May 1985 was August 7, 1985 Philippines 25 June 1984 has 25 September 1984 Poland * 13 March 1997 to June 13, 1997 Portugal April 17, 2002 July 17, 2002 Dominican Republic 27 October 1986 has 27 January 1987 Czech Republic * September 30, 1993 S January 1, 1993 Romania * July 22, 1998 October 22, 1998 United Kingdom * Bermuda * March 10, 1970 June 10, 1970 Gibraltar * December 20, 1966 March 20

1967 Isle of Man April 28, 1999 28 July 1999 Russia * February 26, 2003 May 26, 2003 St. Lucia * May 17, 1996 has 17 August 1996 Serbia March 10, 2003 10 June 2003 Slovakia * 28 May 1993 S January 1, 1993 Slovenia * July 9, 1996 October 9, 1996 Sweden * July 13, 1962 18 May 1964 Switzerland * 24 June 1993 A 24 September 1993 Syria February 13, 2006 A 13 May 2006 Tajikistan 19 February 2008 was May 19, 2008

Togo March 10, 2003 June 10, 2003 Turkey 8 January 2004 was April 8, 2004 Ukraine 12 March 2002 June 12, 2002 Uruguay April 4, 1977 A July 4, 1977 Venezuela 30 October 1995 has 30 January 1996 Viet Nam * 1 December 2006 1 March 2007 reservations and declarations.

Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English will be available at the United Nations Internet site address: http://treaties.un.org/ or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

Reservations and declarations Switzerland ad art. 5. the Swiss Government declares, in accordance with the by. 3 of art. 5 of the convention, that it rejects the criterion of first fixation. It will therefore apply the criterion of first publication.
Ad art. 12 in accordance with the provisions of the by. 1 of art. 16 of the convention, the Swiss Government declares that it will not apply the provisions of art. 12 in respect of phonograms the producer of which is not a national of a Contracting State.
The Swiss Government says that with regard to phonograms whose producer is a national of another Contracting State, it will limit the scope and duration of protection under art. 12, to those of the protection that the latter State grants to phonograms fixed for the first time by a Swiss national, in accordance with the provisions of point iv) of para. (a) by. 1 of art. 16 of the convention.

1993 2696 RO; FF 1989 III Art. 465 2 al. 1 of the AF of 4 June 1992 (RO 1993 2634).
RO 1993 2696, 1995 1396, 2004 2751, 2006-2025, 2009 2501 and 2012 2555. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

As at 23 April 2012

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