The protection provided for in this Convention shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Accordingly, no provision of this Convention shall be construed as infringing such protection.

For the purposes of this Convention, national treatment means the treatment which the Contracting State in whose territory the protection is sought grants, under its national law:

(a)

Performers, who are its nationals, for the performances that take place, are fixed for the first time, or are radio-broadcast, on its territory;

(b)

Producers of phonograms who are its nationals, for phonograms which are, for the first time, published or fixed in its territory;

(c)

Broadcasting organizations having their registered office in its territory, for broadcasts by transmitters located in that territory.

2. National treatment shall be accorded, taking into account the protection expressly guaranteed and the limitations expressly provided for in this Convention.

For the purposes of this Convention:

(a)

"Performers", actors, singers, musicians, dancers and other persons who represent, sing, recite, declaim, play or otherwise perform literary or artistic works;

(b)

"Phonogram" means any fixation exclusively sound of sounds coming from a performance or other sounds;

(c)

"Producer of phonograms" means the natural or legal person who, the first, fixes the sounds of a performance or other sounds;

(d)

"Publication" means the making available to the public of copies of a phonogram in sufficient quantity;

(e)

"Reproduction" means the making of a copy or copies of a fixation;

(f)

"Broadcast broadcast" means the transmission of sounds or of images and sounds by means of radio waves, for reception by the public;

(g)

"Rebroadcasting" means the simultaneous broadcast by a broadcasting organization of a broadcast of another broadcasting organization.

Each Contracting State shall accord national treatment to performers whenever one of the following conditions is fulfilled:

(a)

The execution takes place in another Contracting State;

(b)

The performance shall be recorded in a phonogram protected under Art. 5 below;

(c)

The non-fixed performance on the phonogram is broadcast by a broadcast protected under Art. 6.

1. Each Contracting State shall accord national treatment to producers of phonograms whenever one of the following conditions is fulfilled:

(a)

The producer of phonograms is the national of another Contracting State (nationality criterion);

(b)

The first fixation of the sound was made in another Contracting State (criterion of fixation);

(c)

The phonogram was first published in another Contracting State (criterion of publication).

(2) Where the first publication has taken place in a non-Contracting State but the phonogram has also been published, within thirty days after the first publication, in a Contracting State (simultaneous publication), the phonogram shall be As having been published for the first time in the Contracting State.

(3) Any Contracting State may, by means of a notification deposited with the Secretary-General of the United Nations, declare that it will not apply either the criterion of publication or the criterion of fixation. Such notification may be filed at the time of ratification, acceptance or accession, or at any other time; in the latter case, it shall take effect only six months after its deposit.

(1) Each Contracting State shall accord national treatment to broadcasting organizations whenever one of the following conditions is fulfilled:

(a)

The head office of the broadcasting organisation is situated in another Contracting State,

(b)

The broadcast was broadcast by a transmitter located in the territory of another Contracting State.

(2) Any Contracting State may, by means of a notification deposited with the Secretary-General of the United Nations, declare that it shall grant protection to broadcasts only if the registered office of the broadcasting organization is located in Another Contracting State and if the broadcast was broadcast by a transmitter located in the territory of the same Contracting State. Such notification may be made at the time of ratification, acceptance or accession, or at any other time; in the latter case, it shall take effect only six months after its deposit.

(1) The protection provided for by this Convention in favour of performers shall make it possible to prevent:

(a)

To the broadcasting and communication to the public of their performance without their consent, except where the performance used for broadcasting or communication to the public is itself already a broadcast or is made from a Fixation;

(b)

The fixation without their consent on a material medium of their unfixed performance;

(c)

To the reproduction without their consent to a fixation of their performance:

(i)

Where the first fixation was itself made without their consent;

(ii)

Where the reproduction is made for purposes other than those for which they have consented;

(iii)

Where the first fixation was made under the provisions of s. 15 and has been reproduced for purposes other than those covered by those provisions.

2.

(1) It is for the national law of the Contracting State in the territory of which protection is sought to provide for protection against rebroadcasting, fixation for the purposes of broadcasting and the reproduction of such fixation to the For broadcasting purposes, when the performer has consented to broadcasting.

(2)

The arrangements for the use by broadcasting organizations of fixations made for the purposes of broadcasts shall be settled according to the national law of the Contracting State in whose territory protection is sought.

(3)

However, national legislation in the cases referred to in paras. (1) and (2) of this paragraph shall not have the effect of depriving performers of the ability to settle, by contract, their relations with broadcasting organizations.

Any Contracting State may, by its national law, determine the manner in which performers shall be represented, in respect of the exercise of their rights, when several of them participate in a Same run.

Any Contracting State may, by its national law, extend the protection provided for by this Convention to artists who do not perform literary or artistic works.

Producers of phonograms shall enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.

Where a Contracting State requires, under its national law, the completion of formalities, as a condition of the protection, in the matter of phonograms, of the rights of producers of phonograms, or of performers, or These requirements shall be deemed to be fulfilled if all the copies in the trade of the published phonogram, or the carrying case of the container, bear a statement consisting of the symbol (P) accompanied by the indication Of the year of the first publication, in a manner showing clearly that Protection is reserved. In addition, if the copies or their cases do not identify the producer of the phonogram or the holder of the license granted by the producer (by means of the name, the mark or any other appropriate designation), the reference shall Also include the name of the owner of the phonogram producer's rights. Finally, if the copies or their cases do not identify the main performers, the statement must also include the name of the person who, in the country in which the fixation took place, holds the rights of those artists.

Where a public phonogram for commercial purposes, or a reproduction of that phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user To performers, or to producers of phonograms, or both. The national legislation may, in the absence of an agreement between the various parties concerned, determine the conditions for the allocation of such remuneration.

Broadcasting organizations shall enjoy the right to authorize or prohibit:

(a)

Rebroadcasting of their emissions;

(b)

Fixation on a material medium of their broadcasts;

(c)

Reproduction:

(i)

Fixations, without their consent, of their broadcasts;

(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 broadcasts, when it is made in places accessible to the public on payment of a right of entry; it shall belong to the national law of the country where the protection of that right is requested from Determine the conditions for the exercise of that right.

The term of protection to be granted under this Convention shall not be less than twenty years from:

(a)

The end of the year of the fixation, for phonograms and the performances fixed on them;

(b)

The end of the year in which the execution took place, for performances not fixed in phonograms;

(c)

The end of the year in which the broadcast occurred, for broadcast programming.

(1) Any Contracting State may, in its national legislation, provide for exceptions to the protection guaranteed by this Convention in the following cases:

(a)

When it is a private use;

(b)

The use of short snippets in the minutes of an update event;

(c)

When there is ephemeral fixation by a broadcasting organization by its own means and for its own broadcasts;

(d)

When used solely for the purpose of teaching or scientific research.

2. Without prejudice to the provisions of s. 1 above, any Contracting State may, in its national legislation, provide for the protection of performers, producers of phonograms and broadcasting organizations, The same nature as those provided for in this legislation with regard to the protection of copyright in literary and artistic works. However, compulsory licences may be instituted only to the extent that they are compatible with the provisions of this Convention.

1. In becoming a party to this Convention, any State shall accept all obligations and shall be admitted to all the benefits provided by it. However, a State may at any time specify in a notification deposited with the Secretary-General of the United Nations:

(a)

With respect to s. 12:

(i)

That it will not apply any of the provisions of this section;

(ii)

That it will not apply the provisions of this section in respect of certain uses;

(iii)

That it will not apply the provisions of that Article in respect of phonograms of which the producer is not a national of a Contracting State;

(iv)

As regards phonograms of which the producer is a national of another Contracting State, it shall limit the scope and duration of the protection provided for in that Article, to those of the protection that the latter Contracting State grants to the Phonograms fixed for the first time by the national of the State responsible for the declaration; however, where the Contracting State of which the producer is a national does not grant protection to the same beneficiary or to the same beneficiaries as The Contracting State which is the author of the declaration, this fact shall not be regarded as constituting one Difference in scope of coverage;

(b)

With respect to s. 13, that it will not apply the provisions of para. (d) of that Article; if a Contracting State makes such a declaration, the other Contracting States shall not be required to grant the right provided for in para. (d) of s. 13 to broadcasting organizations having their registered office in the territory of that State.

(2) If the notification referred to in paragraph 1 of this Article is filed on a date subsequent to that of the deposit of the instrument of ratification, acceptance or accession, it shall not take effect until six months after its deposit.

Any State whose national law, in force on 26 October 1961, grants producers of phonograms protection based solely on the criterion of fixation, may, by means of a notification deposited with the Secretary-General, The United Nations, at the same time as its instrument of ratification, acceptance or accession, declare that it will apply only this criterion of fixation for the purposes of art. 5, and that same criterion of fixation instead of the criterion of the nationality of the producer for the purposes of subs. 1, para. (a), (iii) and (iv), s. 16.

Any State which has made any of the declarations provided for in Art. 5, para. 3, art. 6, para. 2, art. 16, para. 1 or s. 17 may, by further notification to the Secretary-General of the United Nations, reduce or withdraw its scope.

Notwithstanding any other provisions of this Convention, s. 7 shall cease to be applicable as soon as a performer has given his consent to the inclusion of his performance in the fixation of images or images and sounds.

(1) This Convention shall not affect the rights acquired in any of the Contracting States before the date of entry into force for that State of the Convention.

(2) No Contracting State shall be obliged to apply the provisions of this Convention to performances, or to broadcasts having taken place, or to recorded phonograms, prior to the date of entry into force for that Contracting State. Status of the Convention.

The protection provided for in this Convention shall not affect the protection otherwise available to performers, producers of phonograms and broadcasting organizations.

The Contracting States reserve the right to make special arrangements among themselves, as such arrangements would confer on performers, producers of phonograms or broadcasting organizations Rights more extensive than those granted by this Convention or contain other provisions not contrary to this Convention.

This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open, until 30 June 1962, to the signature of the States invited to the Diplomatic Conference on the International Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Who are party to the Universal Copyright Convention ¹ Or members of the International Union for the Protection of Literary and Artistic Works.

(1) This Convention shall be subject to ratification or acceptance by the signatory States.

(2) This Convention shall be open for accession by the States invited to the Conference referred to in Art. 23, as well as the accession of any member State of the United Nations, provided that the acceding State is a party to the Universal Copyright Convention ¹ Or member of the International Union for the Protection of Literary and Artistic Works.

3. Ratification, acceptance or accession shall be made by the deposit of an instrument to that effect with the Secretary-General of the United Nations.

(1) This Convention shall enter into force three months after the date of the deposit of the sixth instrument of ratification, acceptance or accession.

2. Thereafter, the Convention shall enter into force, for each State, three months after the date of the deposit of its instrument of ratification, acceptance or accession.

(1) Any Contracting State undertakes to take, in accordance with the provisions of its Constitution, the measures necessary to ensure the application of this Convention.

(2) At the time of deposit of its instrument of ratification, acceptance or accession, any State shall be in a position, in accordance with its national law, to apply the provisions of this Convention.

(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 that this Convention shall extend to All or any of the territories for which it is responsible for international relations, provided that the Universal Copyright Convention ¹ Or the International Convention for the Protection of Literary and Artistic Works ² Applicable to the territories in question. Such notification shall take effect three months after the date of its receipt.

2. Declarations and notifications referred to in Art. 5, para. 3, art. 6, para. 2, art. 16, para. 1, art. 17 or art. 18, may be extended to all or any of the territories referred to in the preceding paragraph.

(1) Any Contracting State shall have the right to denounce this Convention, either on its own behalf or on behalf of any or all of the territories referred to in Art. 27.

2. The denunciation shall be effected by a notification addressed to the Secretary-General of the United Nations and shall take effect twelve months after the date on which the notification has been received.

(3) The right of denunciation provided for in this Article shall not be exercised by a Contracting State before the expiration of a period of five years from the date on 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 it is no longer a party to the Universal Copyright Convention ¹ Or member of the International Union for the Protection of Literary and Artistic Works.

5. This Convention shall cease to be applicable to any territory referred to in Art. 27, from the moment when neither the Universal Copyright Convention nor the International Convention for the Protection of Literary and Artistic Works ² Would no longer apply to that territory.

After the present Convention has been in force for five years, any Contracting State may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to the effect of review The Convention. The Secretary-General shall notify all Contracting States of this request. If, within six months of the date of the notification addressed by the Secretary-General of the United Nations, at least half of the Contracting States signify their consent to that request, the Secretary-General shall inform the The Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary Works and Convening a review conference in collaboration with the Committee Intergovernmental art. 32.

2. Any revision of this Convention shall be adopted by a two-thirds majority of the States present at the Review Conference provided that this majority comprises two-thirds of the States which, on the date of the Review Conference, are Parties to the Convention.

3. In the event that a new Convention for the full or partial revision of this Convention is adopted, and unless the new Convention provides otherwise:

(a)

This Convention shall cease to be open for ratification, acceptance or accession from the date of entry into force of the new revision Convention;

(b)

This Convention shall remain in force with respect to relations with Contracting States which will not become party to the new Convention.

Any dispute between two or more Contracting States concerning the interpretation or application of this Convention, which shall not be settled by negotiation, shall, at the request of one of the parties to the dispute, be brought before the Court Of the International Court of Justice in order for it to be decided by it, unless the States in question agree to another method of settlement.

Without prejudice to the provisions of Art. 5, para. 3, art. 6, para. 2, art. 16, para. 1, and art. 17, no reservation to this Convention shall be permitted.

1. An Intergovernmental Committee for the purpose of:

(a)

To consider issues relating to the application and operation of this Convention;

(b)

To gather the proposals and prepare documentation concerning possible revisions to the Convention.

2. The Committee shall be composed of representatives of the Contracting States, chosen on the basis of equitable geographical distribution. The number of members of the Committee shall be six if that of the Contracting States is less than or equal to twelve, of nine if the number of Contracting States is between thirteen and eighteen, and twelve if the number of Contracting States exceeds eighteen.

The Committee shall be constituted twelve months after the entry into force of the Convention, following an election organised between the Contracting States-each of which shall have one vote-by the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works, in accordance with rules that have been Pre-approved by an absolute majority of the Contracting States.

4. The Committee shall elect its President and its Bureau. It will establish a rules of procedure relating in particular to its future operation and its method of renewal, in particular to ensure a turnover between the various Contracting States.

The secretariat of the Committee will be composed of officials of the International Labour Office, the United Nations Educational, Scientific and Cultural Organization and the Bureau of the International Union for the Protection of Works Nominated by the Directors General and the Director of the three institutions concerned respectively.

6. The meetings of the Committee, which shall be convened whenever the majority of its members deem it useful, shall be held successively at the respective headquarters of the International Labour Office, the United Nations Educational, Scientific and Cultural Organization And the Office of the International Union for the Protection of Literary and Artistic Works.

7. The costs of the members of the Committee shall be borne by their respective Governments.

(1) This Convention shall be established in English, French and Spanish, all three texts being equally authentic.

2. On the other hand, official texts of this Convention shall be drawn up in German, Italian and Portuguese.

The Secretary-General of the United Nations shall inform the invited States at the Conference referred to in Art. 23 and any member State of the United Nations, as well as the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization 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)

The date of entry into force of the Convention;

(c)

Notifications, declarations and any other communications provided for in this Convention;

(d)

In any case where one of the situations contemplated by s. 4 and 5 of Art. 28.

2. The Secretary-General of the United Nations shall also inform the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director The Office of the International Union for the Protection of Literary and Artistic Works of Applications to be notified to it under Art. 29, and any communication received from the Contracting States concerning the revision of this Convention.

In witness whereof The undersigned, duly authorized to that effect, have signed this Convention.

Done at Rome, on 26 October 1961, in a single copy in English, French and Spanish. Certified true copies will be provided by the Secretary-General of the United Nations to all States invited to the Conference referred to in Art. 23 and to any Member State of the United Nations, and to the Director-General of the International Labour Office, to the Director-General of the United Nations Educational, Scientific and Cultural Organization and to the Director of the Bureau International Union for the Protection of Literary and Artistic Works.

(Suivent signatures)