Nothing in this Treaty shall derogate from the obligations which Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers Of phonograms and broadcasting organizations ¹ , made in Rome on 26 October 1961 (hereinafter the "Rome Convention").

(2) The protection provided for in this Treaty shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Consequently, no provision of this Treaty may be interpreted as affecting such protection.

(3) This Treaty shall have no connection with other treaties and shall be without prejudice to the rights and obligations arising from any other treaty.

For the purposes of this Treaty:

A.

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

B.

"Phonogram" means the fixation of sounds from an interpretation or performance or other sounds, or a representation of sounds other than in the form of a fixation incorporated in a cinematographic work or other audiovisual work;

C.

"Fixation" means the embodiment of sounds or representations thereof in a medium which enables them to be perceived, reproduced or communicated by means of a device;

D.

"Producer of a phonogram" means the natural or legal person who takes the initiative and takes responsibility for the first fixation of sounds from an interpretation or performance or other sounds, or representations of sounds;

E.

"Publication" of a fixed performance or phonogram making available to the public copies of the fixed performance or copies of the phonogram with the consent of the owner of the rights, and provided that Copies or copies are made available to the public in sufficient quantities;

F.

"Broadcasting" means the wireless transmission of sounds or of images and sounds, or of the representations thereof, for reception by the public; this term also means a transmission of this nature carried out by satellite; the transmission of signals Encrypted is assimilated to "broadcasting" where the means of decryption are provided to the public by or with the consent of the broadcasting organization;

G.

"Communication to the public" of an interpretation or performance or of a phonogram transmission to the public, by any means other than broadcasting, of sounds from an interpretation or performance or sounds or representations of sounds fixed on a Phonogram. For the purposes of s. 15, the term "communication to the public" also includes making the sounds or representations of sounds fixed in a phonogram audible to the public.

(1) Contracting Parties shall accord the protection provided for in this Treaty to performers and producers of phonograms who are nationals of other Contracting Parties.

2. "Nationals of other Contracting Parties" means performers or producers of phonograms who would meet the criteria required for the protection provided for by the Rome Convention if: All Contracting Parties under this Treaty were Contracting States within the meaning of that Convention. With respect to these criteria for protection, Contracting Parties shall apply the relevant definitions of Art. 2 of this Treaty.

(3) Any Contracting Party which makes use of the faculty provided for in Art. 5, para. 3 of the Rome Convention or, for the purposes of art. 5 of this Convention, in his art. 17 addresses a notification under the conditions prescribed in these provisions to the Director General of the World Intellectual Property Organization (WIPO).

(1) Each Contracting Party shall accord to nationals of other Contracting Parties, within the meaning of s. 3, para. 2, the treatment it accords to its own nationals with regard to the exclusive rights specifically granted in this Treaty and the right to equitable remuneration provided for in Art. 15 of this Treaty.

2. The obligation under para. 1 does not apply to the extent that another Contracting Party makes use of the reservations permitted under Art. 15, para. 3 of this Treaty.

Independently of its economic rights, and even after the assignment of such rights, the performer shall retain the right in respect of his live sound performances or fixed performances Of phonograms, to require to be mentioned as such, except where the mode of use of the performance imposes the omission of that mention, and to object to any distortion, mutilation or other modification of such performances, or Executions, which are damaging to its reputation.

(2) The rights granted to the performer under the preceding paragraph shall, after his death, be maintained at least until the expiry of the economic rights and exercised by the persons or institutions to which the legislation of the Contracting Party where protection is claimed gives quality. However, Contracting Parties whose legislation, in force at the time of the ratification of or accession to this Treaty, does not contain provisions ensuring protection after the death of the performer of All rights recognized under the preceding paragraph may provide that some of these rights shall not be maintained after the death of the performer.

(3) The means of redress for safeguarding the rights recognized in this Article shall be governed by the law of the Contracting Party where protection is claimed.

Performers shall enjoy the exclusive right of authorizing, in respect of their performances:

I.

The broadcasting and communication to the public of their unfixed performances, except where the performance is already an interpretation or performance broadcast, and

Ii.

The fixation of their unfixed performances.

Performers shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their performances fixed in phonograms, in any manner and in any form.

(1) Performers shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of their performances fixed in phonograms by the sale or other transfer of Property.

(2) Nothing in this Treaty shall affect the ability of Contracting Parties to determine the conditions, if any, in which the exhaustion of the right set out in para. 1 applies after the first sale or other transfer of ownership of the original or a copy of the fixed performance, carried out with the authorization of the performer.

Performers shall enjoy the exclusive right of authorizing the commercial rental to the public of the original and copies of their performances fixed in phonograms, according to the definition of national law Contracting Parties, even after the distribution of the latter by the artists themselves or with their authorization.

2. Notwithstanding the provisions of para. 1, a Contracting Party which applied to April 15, 1994 and continues to apply a system of equitable remuneration of performers for the rental of copies of their performances fixed in phonograms may To maintain this system provided that the commercial rental of phonograms does not materially impair the exclusive rights of reproduction of performers.

Performers shall enjoy the exclusive right of authorizing the making available to the public, by wire or wireless means, of their performances fixed in phonograms, in such a way that everyone can have access to them And at the time of individual selection.

Producers of phonograms shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their phonograms, in any manner and in any form.

(1) Producers of phonograms shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of their phonograms through sale or other transfer of ownership.

(2) Nothing in this Treaty shall affect the ability of Contracting Parties to determine the conditions, if any, in which the exhaustion of the right set out in para. 1 applies after the first sale or other transfer of ownership of the original or of a copy of the phonogram made with the authorization of the producer of the phonogram.

(1) Producers of phonograms shall enjoy the exclusive right of authorizing the commercial rental to the public of the original and copies of their phonograms, even after the distribution thereof by the producers themselves or with their producers Authorization.

2. Notwithstanding the provisions of para. 1, a Contracting Party which applied on April 15, 1994 and continues to apply a system of equitable remuneration of producers of phonograms for the rental of copies of their phonograms may maintain that system, provided that the Commercial rental of phonograms does not materially impair the exclusive reproduction rights of producers of phonograms.

Producers of phonograms shall enjoy the exclusive right of authorizing the making available to the public, by wire or wireless means, of their phonograms in such a way that everyone can have access to them from the place and at a time individually chosen by them.

(1) Performers and producers of phonograms shall be entitled to a single equitable remuneration where phonograms published for commercial purposes are used directly or indirectly for broadcasting or for Any communication to the public.

(2) Contracting Parties may provide in their national legislation that the single equitable remuneration shall be claimed by the performer by the performer or by the producer of the phonogram, or by both. Contracting Parties may adopt legislative provisions laying down the conditions for the distribution of the single equitable remuneration between performers and producers of phonograms in the absence of agreement between the Interested.

(3) Any Contracting Party may, in a notification deposited with the Director General of WIPO, declare that it will not apply the provisions of para. 1 that in respect of certain uses, or that it will limit its application in any other way, or that it will not apply any of those provisions.

4. For the purposes of this Article, phonograms made available to the public, by wire or wireless means, in such a way that everyone can have access to them from the place and at a time individually chosen by them shall be deemed to have been published for commercial purposes.

(1) Contracting Parties shall have the right to provide in their national legislation, as regards the protection of performers and producers of phonograms, limitations or exceptions of the same nature as those which Are provided for in the protection of copyright in literary and artistic works.

(2) Contracting Parties shall confine any limitations or exceptions to the rights provided for in this Treaty to certain special cases in which the normal exploitation of the interpretation is not infringed. Performance or phonogram or caused undue hardship to the legitimate interests of the performer or producer of the phonogram.

(1) The term of protection to be granted to performers under this Treaty shall not be less than a period of 50 years from the end of the year in which the performance was fixed in a phonogram.

(2) The term of protection to be granted to producers of phonograms under this Treaty shall not be less than 50 years from the end of the year in which the phonogram has been published or, in the absence of such publication in A period of 50 years from the fixation of the phonogram, beginning at the end of the year of the fixation.

Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures which are implemented by performers or performers. Producers of phonograms in the exercise of their rights under this Treaty and which restrict the performance, in respect of their performances or phonograms, of acts which are not authorized by the Performers or producers of phonograms concerned or permitted by The law.

(1) Contracting Parties shall provide appropriate and effective legal remedies against any person who performs any of the following acts knowing, or, in respect of civil remedies, having reasonable grounds to believe That this act will result in, permit, facilitate or conceal an infringement of a right provided for in this Treaty:

I.

Delete or modify, without authority, any information relating to the rights regime in electronic form;

Ii.

To distribute, import for distribution, broadcast, communicate to the public or make available to the public, without authority, performances, copies of fixed performances or copies of Phonograms knowing that information relating to the regime of rights in electronic form has been deleted or modified without authorization.

2. In this Article, the term "information on the rights system" means information identifying the performer, the performance, the producer of the phonogram, the phonogram, the holder Any right on the interpretation or performance or on the phonogram or information on the terms and conditions of use of the performance or phonogram, and any number or code representing that information, where Any of these pieces of information is attached to the copy of a Performance fixed or in the copy of a phonogram or appears in relation to the communication to the public or the making available to the public of a fixed performance or phonogram.

The enjoyment and exercise of the rights provided for in this Treaty shall not be subject to any formality.

Except in the case provided for in s. 15, para. 3, no reservation to this Treaty shall be permitted.

(1) Contracting Parties shall apply the provisions of Art. 18 of the Berne Convention ¹ , Mutatis mutandis , the rights of performers and producers of phonograms provided for in this Treaty.

2. Notwithstanding the provisions of para. 1, a Contracting Party may limit the application of s. 5 of this Treaty to performances which took place after the entry into force of the Treaty in relation to it.

The Contracting Parties undertake to adopt, in accordance with their legal system, the measures necessary to ensure the application of this Treaty.

(2) The Contracting Parties shall ensure that their legislation includes procedures for the enforcement of the rights provided for in this Treaty, so as to enable effective action against any act that infringers those rights, Including measures to prevent promptly any infringement and measures to prevent further infringement.

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 delegates, advisors and experts.

C.

The expenses of each delegation shall be borne by the Contracting Party which has appointed it. The Assembly may request WIPO to provide financial assistance to facilitate the participation of delegations of Contracting Parties that are considered to be developing countries in accordance with the established practice of the Assembly Of the United Nations or countries in transition to a market economy.

2.

The Assembly shall deal with questions concerning the maintenance and development of this Treaty and its application and operation.

B.

The Assembly fulfils the role assigned to it under Art. 26, para. 2 by examining the possibility of allowing certain intergovernmental organizations to become parties to this Treaty.

C.

The Assembly shall decide on the convocation of any diplomatic conference for the revision of this Treaty and shall give the necessary instructions to the Director General of WIPO for the preparation thereof.

3.

A. Each Contracting Party which is a State shall have one vote and shall vote only in its own name.

B.

Any Contracting Party which is an intergovernmental organization may participate 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. No intergovernmental organization shall participate in the vote if one of its member States exercises its right to vote, and vice versa.

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 rules of procedure, including its convocation in extraordinary session, the rules relating to the quorum and, subject to the provisions of this Treaty, the required majority for various types of decisions.

The International Bureau of WIPO shall perform the administrative tasks relating to the Treaty.

(1) Any Member State of WIPO may become party to this Treaty.

(2) The Assembly may decide to allow to become party to this Treaty any intergovernmental organization which declares that it has jurisdiction, and has its own legislation binding all its member states, with regard to the matters governed by it By this Treaty and has been duly authorised, in accordance with its internal procedures, to become party to this Treaty.

(3) The European Community, having made the declaration referred to in the preceding paragraph at the Diplomatic Conference which has adopted this Treaty, may become party to this Treaty.

Except as otherwise expressly provided in this Treaty, each Contracting Party shall enjoy all rights and assume all obligations under this Treaty.

This Treaty shall be open for signature until December 31, 1997 and may be signed by any Member State of WIPO and by the European Community.

This Treaty shall enter into force three months after 30 instruments of ratification or accession have been deposited with the Director General of WIPO by States.

This Treaty shall bind:

I.

The 30 States referred to in Art. 29 from the date on which this Treaty entered into force;

Ii.

All other States at the expiration of three months from the date on which the State deposited its instrument with the Director General of WIPO;

Iii.

The European Community at the expiration of a period of three months following the deposit of its instrument of ratification or accession if that instrument was deposited after the entry into force of this Treaty in accordance with Art. 29, or three months after the entry into force of this Treaty if that instrument has been deposited before the entry into force of this Treaty;

Iv.

Any other intergovernmental organization which is entitled to become a party to this Treaty, at the expiration of three months after the deposit of its instrument of accession.

Any Contracting Party may denounce this Treaty by a notification addressed to the Director General of WIPO. Denunciation shall take effect one year after the date on which the Director General has received the notification.

(1) This Treaty shall be signed in a single original in the English, French, Arabic, Chinese, Spanish and Russian languages, all versions being equally authentic.

2. An official text in any language other than those referred to in para. 1 shall be established by the Director General of WIPO at the request of an interested party, after consultation with all interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language or official language is at issue, as well as the European Community, and any other intergovernmental organization which May become party to this Treaty if any of its official languages is in question.

The Director General of WIPO is the depositary of this Treaty.

(Suivent signatures)