Rs 0.231.171.1 Wipo Treaty Of December 20, 1996, On Performances And Phonograms (Wppt) (With Decl.)

Original Language Title: RS 0.231.171.1 Traité de l’OMPI du 20 décembre 1996 sur les interprétations et exécutions et les phonogrammes (WPPT) (avec décl.)

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0.231.171.1 text original WIPO on interpretations and executions and Phonograms (WPPT) concluded in Geneva on 20 December 1996 approved by the Federal Assembly on October 5, 2007 Instrument of ratification deposited by the Switzerland on March 31, 2008 entered into force for the Switzerland on July 1, 2008 (State on May 3, 2013) the Parties contracting, eager to develop and ensure the protection of the rights of the performers and producers of phonograms in a manner as effective and uniform as possible, recognizing the need to introduce new international rules to bring appropriate answers to the questions raised by developments in economic, social, cultural and technical, grateful that the development and convergence of information and communication technologies have a significant impact on the production and use of performances and Phonograms Recognizing the need to maintain a balance between the rights of the performers and producers of Phonograms and the larger public interest, particularly education, research and access to information, have agreed to the following: chapter I provisions general art. 1 reports with other conventions 1. No provision of this Treaty does not imply derogation from the obligations of the Contracting Parties to each other under the International Convention on the protection of the performers, producers of Phonograms and broadcasting organizations, done at Rome on October 26, 1961 (hereinafter the "Rome Convention").
2. the protection provided for in this Treaty leaves intact and in no way affect the protection of copyright in literary and artistic works. Accordingly, no provision of this Treaty may be interpreted as affecting this protection.
3. the present Treaty has no connection with other treaties and applies without prejudice to the rights and obligations under any other treaty.

SR 0.231.171 art. 2 definitions for the purposes of the present Treaty, means: a. "performers" the actors, singers, musicians, dancers and other persons who represent, sing, recite, declaim, play, interpret, or otherwise perform literary or artistic works or of expressions of folklore; (b) "phonogram" means the fixation of the sounds coming from a performance or other sounds, or of a representation of sounds other than in the form of a fixation incorporated in a cinematographic or other audiovisual work; (c) "fixation" means the embodiment of sounds, or representations thereof, in a medium that allows to collect, reproduce or communicate with a device; (d) "producer of a phonogram" the physical or legal person who takes the initiative and assumes responsibility for the first fixation of the sounds of a performance or other sounds , or of the representations of sounds; (e) "publication" of a fixed performance or a phonogram available to the public of copies of interpretation or fixed performance or of copies of the phonogram with the consent of the holder of the rights, and provided that copies or copies are made available to the public in sufficient quantity; (f) "broadcasting" means the wireless transmission of sounds or of images and sounds , or representations thereof, for the purposes of reception by the public; This term also refers to a transmission of this nature carried out by satellite; the transmission of encrypted signals is considered to be "broadcasting" where the means of decrypting are provided to the public by the broadcasting organization or with its consent; (g) "communication to the public" of a performance or a phonogram the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or representations of sounds fixed in a phonogram. For the purposes of art. 15, the term "communication to the public" includes making audible by the public the sounds or representations of sounds fixed in a phonogram.

Art. 3 beneficiaries of protection under this Treaty 1. The Contracting Parties agree that the protection provided under this Treaty to the performers and producers of phonograms who are nationals of other Contracting Parties.
2. by "nationals of other Contracting Parties" means the performers or producers of phonograms who would meet the criteria required to benefit from the protection provided by the Rome Convention if all the Contracting Parties in the context of this Treaty were Contracting States within the meaning of this convention. Regarding 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 option provided for in art. 5, al. 3 of the Rome Convention or, for the purposes of art. 5 of this convention, to his art. 17 address a notification under the conditions laid down in those provisions to the Director general of the world Organization of intellectual property (WIPO).

Art. 4 national treatment 1. Each contracting party grants to nationals of other Contracting Parties, within the meaning of art. 3, al. 2, the treatment that it grants to its own nationals with regard to the exclusive rights specifically recognized in this Treaty and the right to equitable remuneration provided for in art. 15 of this Treaty.
2. the obligation of the al. 1 does not apply to the extent that another Contracting Party makes use of the reservations permitted under the terms of art. 15, al. 3 of this Treaty.

Chapter II rights of performers article artists 5 moral right to the 1 performers. Independently of his economic rights, and even after the transfer of those rights, the performer shall have the right, in regards to its interpretations or live sound performances or its interpretations or performances fixed in phonograms, to require to be mentioned as such, except when the mode of use of the performance required the omission of this reference, and to oppose any distortion mutilation or other modification of these performances, prejudicial to his reputation.
2. the rights granted to the artist performer under the preceding paragraph are, after his death, maintained at least until the extinction of property rights and exercised by the persons or institutions to which the legislation of the Contracting Party where protection is claimed gives quality. However, the Contracting Parties whose legislation, at the time of the ratification of this Treaty or accession to it, contains no provisions to ensure the protection after the death of the artist interprets or running of all the rights recognized under the preceding paragraph have the ability to predict that some of these rights are not maintained after the death of the performer.
3. the pleas in law to safeguard the rights recognized in the present article are regulated by the legislation of the Contracting Party where protection is claimed.

Art. 6 economic rights of performers on their interpretations or performances not fixed the performers enjoy the exclusive right of authorizing, regarding their interpretations or executions: i. the broadcasting and communication to the public of their unfixed performances, except when the interpretation or execution is already an interpretation or execution broadcast, II. the fixation of their performances not fixed.

Art. 7 right of reproduction the performers enjoy the exclusive right to authorize the reproduction directly or indirectly of their performances or performances fixed in phonograms, in any way and in any form whatsoever.

Art. 8 right of distribution 1. The performers enjoy the exclusive right of authorizing the making available to the public of the original and copies of their performances or performances fixed in phonograms through sale or other transfer of ownership.
2. no provision of this Treaty does affect the ability of Contracting Parties to determine the possible conditions under which the exhaustion of the right set out in para. 1 applies after the first sale or other operation of transfer of ownership of the original or a copy of the interpretation or fixed performance, courtesy of the artist performer.

Art. 9 right of rental 1. The performers enjoy the exclusive right to authorize the commercial rental to the public of the original and copies of their performances or performances fixed on phonograms, as defined by the national law of Contracting Parties, even after distribution thereof by the artists themselves, or with their permission.

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

Art. 10 right of making available to the interpretations or fixed performances the performers enjoy the exclusive right to authorise the placing at the disposal of the public, by wire or wireless, of their performances fixed in phonograms, so that everyone can access it from the place and at a time individually chosen.

Chapter III rights of producers of phonograms article 11 right of reproduction producers of phonograms enjoy the exclusive right of authorizing the direct or indirect reproduction of their phonograms, in any manner and in any form whatsoever.

Art. 12 right of distribution 1. Producers of phonograms 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. no provision of this Treaty does affect the ability of Contracting Parties to determine the possible conditions under which the exhaustion of the right set out in para. 1 applies after the first sale or other transaction for transfer of ownership of the original or a copy of the phonogram with the authorization of the producer of the phonogram.

Art. 13 right of rental 1. Producers of phonograms enjoy the exclusive right to authorize the commercial rental to the public of the original and copies of their phonograms, even after distribution thereof by the producers themselves, or with their permission.
2. Notwithstanding the provisions of para. 1, a Contracting Party which applied to 15 April 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 did not substantially affect the exclusive rights of reproduction of producers of phonograms.

Art. 14 right of making available of phonograms producers of phonograms enjoy the exclusive right of authorizing the making available to the public, by wire or wireless means, of their phonograms so that everyone can access them from a place and at a time individually chosen.

Chapter IV provisions art. 15 right to remuneration in respect of broadcasting and communication to the public 1. The performers and producers of phonograms are entitled to a fair and only pay when phonograms published for purposes of trade are used directly or indirectly for broadcasting or for communication any to the public.
2. the Contracting Parties may provide in their national legislation that the single equitable remuneration shall be claimed from the user by the performer or performing or by the producer of the phonogram or by both. Contracting Parties may adopt legislation laying down the conditions of distribution of single equitable remuneration between the performers and producers of phonograms for the lack of agreement between interested parties.
3 any Contracting Party may declare in a notification deposited with the Director general of WIPO that it will not apply the provisions of para. 1 for certain uses, or that it will limit their application in any other way, or even that it will not apply these provisions.
4. for the purposes of this article, phonograms made available to the public, by wire or wireless, so that everyone can access it from the place and at a time individually chosen by that are known have been published for purposes of trade.

Art. 16 limitations and exceptions 1. The Contracting Parties may provide in their national law, with respect to the protection of the performers and producers of phonograms, limitations or exceptions the same nature as those who planned in for the protection of the copyright in literary and artistic works.
2. the Contracting Parties shall restrict any limitations or exceptions that they match the expected rights in this Treaty to certain special cases where it is not breached operating normal interpretation or performance or phonogram or caused undue hardship to the legitimate interests of the performer or of the producer of the phonogram.

Art. 17 term of protection 1. The term of protection to be granted to performers under this Treaty must not be less than 50 years from the end of the year where the interpretation or performance was fixed in a phonogram.
2. the term of protection to be granted to producers of phonograms under this Treaty must not be less than 50 years from the end of the year in which the phonogram was published, or failing such publication within a period of 50 years from fixation of the phonogram, from the end of the year of the fixation.

Art. 18 obligations relating to technological measures contracting party must provide adequate legal protection and effective legal remedies against the circumvention of technological measures effective which are implemented by the performers or producers of phonograms in the exercise of their rights under this Treaty and that restrict the performance, with respect to their interpretations or performances or phonograms which are not authorized by the performers or the producers of phonograms concerned or permitted by law.

Art. 19 obligations related to information on 1 rights regime. The Contracting Parties must provide legal sanctions appropriate and effective against any person who performs any of the following acts knowing, or, for that statement of civil sanctions, having valid reasons to think that this Act will cause, allow, facilitate, or conceal an infringement of a right provided for in this Treaty: i. remove or change, without being authorized , any information relating to the regime of rights in electronic form; ii. distribute, import for distribution, broadcast, communicate to the public or make available to the public, without authority, performances, copies of interpretations or fixed performances or copies of phonograms knowing that information about the pension rights in electronic form have been deleted or changed without permission.

2. in this article, "rights management information" means information that allows to identify the performer or performer, interpretation or execution, the producer of the phonogram, the phonogram, the owner of any right in the performance or performance or phonogram or information about the terms and conditions of use of the interpretation or performance or phonogram, and any numbers or codes that represent such information , when one any of these items of information is attached to a copy of a fixed performance or to the copy of a phonogram or appears in connection with the communication to the public or making available to the public of a fixed performance or a phonogram.

Art. 20 formalities the enjoyment and exercise of the rights provided in this Treaty are subject to any formality.

Art. 21 reserves except in the case provided for in art. 15, al. 3, no reservation to this Treaty may be made.

Art. 22 application in time 1. The Contracting Parties shall apply the provisions of art. 18 of the Berne Convention, mutatis mutandis, to the rights of the 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 art. 5 of this Treaty to performances that occurred after the entry into force of the Treaty in respect.

SR 0.231.12/.15 art. 23 provisions on enforcement of rights 1. The Contracting Parties undertake to adopt, in accordance with their legal systems, the measures necessary to ensure the application of this Treaty.
2. the Contracting Parties shall ensure that their legislation contains procedures to enforce rights provided for by this Treaty, so as to permit effective action against any act that would infringe these rights, including measures to prevent quickly any attack and measures to prevent any future infringement.

Chapter V administrative provisions and final clauses art. 24 Assembly


1a. The Contracting Parties have an Assemblee.b. Each Contracting Party is represented by one delegate, who may be assisted alternates, advisers and experts.c. The expenses of each delegation are supported by the Contracting Party which has designated it. The Assembly may ask WIPO to grant financial assistance to facilitate the participation of delegations of Contracting Parties that are regarded as developing countries in accordance with the established practice of the General Assembly of the United Nations or that are countries in transition to a marche.2 economy. a. the Assembly addresses issues concerning the maintenance and development of this Treaty and its application and its fonctionnement.b. The Assembly undertakes the role assigned to him under the terms of art. 26, al. 2 by examining the possibility of allowing certain intergovernmental organizations to become parties to the present traite.c. The Assembly decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director general of WIPO for the preparation of this. 3. a. each Contracting Party that is a State shall have one vote and vote only in its own nom.b. Any Contracting Party that 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. Any intergovernmental organization participates in the vote if any of its Member States exercises its right to vote, and vice versa.

4. the Assembly shall meet in ordinary session once every two years upon convocation by the Director general of WIPO.
5. the Assembly shall establish its rules of procedure, including in regard to its being convened in extraordinary session, the rules for a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.

Art. 25 international bureau the international Bureau of WIPO undertakes administrative tasks concerning the Treaty.

Art. 26 requirements for becoming party 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 that declares that it has jurisdiction, and has own legislation binding on all its Member States, with respect to the matters governed by this Treaty and that it has been duly authorized, in accordance with its procedures internal, to become party to this Treaty.
3. the European Community, having made the declaration referred to in the preceding paragraph at the diplomatic conference that has adopted this Treaty, may become party to this Treaty.

Art. 27 rights and obligations under the Treaty unless expressly otherwise provided in this Treaty, each Contracting Party has all the rights and assume all the obligations arising out of this Treaty.

Art. 28 signing of the Treaty this Treaty is open for signature until December 31, 1997 and may be signed by any Member State of WIPO and by the European Community.

Art. 29 entry into force of the Treaty this Treaty comes into force three months after 30 instruments of ratification or accession was deposited with the Director general of WIPO by States.

Art. 30 date of taking effect of the obligations arising out of the Treaty this Treaty binds: i. the 30 States referred to in art. 29 from the date on which this Treaty entered into force; ii. all other States on the expiry of a period of three months from the date on which the State has deposited its instrument with the Director general of WIPO; iii. the European Community on the expiry of a period of three months after the deposit of its instrument of ratification or accession if this instrument has been deposited after the entry into force of this Treaty in accordance with art. 29, or three months following the entry into force of this Treaty if the instrument has been deposited before the entry into force of this Treaty; iv. any other intergovernmental organization that may become party to this Treaty, to the expiry of a period of three months after the deposit of its instrument of accession.

Art. 31 denunciation of the Treaty any Contracting Party may denounce this Treaty by notification addressed to the Director general of WIPO. The denunciation shall take effect one year after the date on which the Director general received the notification.

Art. 32 languages of the Treaty 1. This Treaty is signed in a single original copy in French, English, 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 is 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 one of the official languages is involved, and the European Community and any other intergovernmental organization that may become party to this Treaty, if one of its official languages is involved.

Art. 33 depositary statements common scope may 3, 2013 reserves and statements the Director general of WIPO is the depositary of this Treaty.
(Follow signatures)

Joint declarations concerning art. 1, al. 2. it is understood that art. 1, al. 2 specifies the relationship between rights in phonograms under this Treaty and copyright on the works incorporated in such phonograms. In cases where are both required the authorization of the author of a work embodied in the phonogram and a performer or producer with rights in the phonogram, the requirement to have the authorization of the author does not cease to exist because the authorization of the performer or producer is also required, and vice versa.
It is also understood that no provision of art. 1, al. 2 prevents a Contracting Party to provide for the performers or producers of phonograms exclusive rights beyond what the present Treaty.
About the art. 2, let. b it is understood that the definition of the phonogram contained in art. 2, let. b does not imply that the incorporation into a cinematographic or other audiovisual work has an impact on the rights in the phonogram.
About the art. 2, let. e, 8, 9, 12 and 13 for the purposes of these articles, the expressions 'copies', 'copies or copies' and 'original and copies' in the context of the right of distribution and the rental right provided for by these articles refer exclusively copies or fixed copies that can be put into circulation as tangible objects.
About the art. 3. it is understood that, applied to this Treaty, the expression "national of another Contracting State" appearing in the art. 5, let. has and art. 16, let. a, point iv of the Rome Convention will return to an intergovernmental organization that is a Contracting Party to this Treaty, to a national of one of the Member countries of this organization.
About the art. 3, al. 2 for the purposes of the application of art. 3, al. 2, it is understood that 'fixing' means the final point from the parent band.
About the art. 7, 11 and 16 the right of reproduction set out in art. 7 and 11 and the exceptions which may be matched under art. 16 fully apply in the digital environment, in particular to the use of performances and phonograms in digital form. It is understood that the storage of a protected performance or of a protected phonogram in digital form in an electronic medium constitutes a reproduction within the meaning of these articles.
About the art. 15. it is understood that art. 15 does not bring a definitive solution to the question of the level of rights of broadcasting and communication to the public should enjoy, in the era of digital technology, the performers and producers of phonograms. The delegations could not reach a consensus on differing proposals for aspects of exclusivity to be granted in certain circumstances or rights without the possibility of reservations, they have given for the present to address the issue.
It is understood that art. 15 does not prevent the granting of the right conferred by this article to performers of folklore and producers of phonograms incorporating folklore where such phonograms have not been published for the purpose of commercial profit.
About the art. 16. the joint statement concerning art. 10 (on limitations and exceptions) of the WIPO on the Copyright Treaty is applicable mutatis mutandis to the art. 16 (on limitations and exceptions) of the Treaty of the WIPO performances and Phonograms.
About the art. 19

The joint statement concerning art. 12 (on obligations related to the rights management information) of the WIPO on the Copyright Treaty is applicable mutatis mutandis to the art. 19 (on obligations related to the rights management information) of the Treaty of WIPO performances and Phonograms.

Scope may 3, 2013, States parties Ratification, accession (A) entry into force Albania 17 May 2001 has 20 May 2002 Germany * 14 December 2009 14 March 2010 Argentina 19 November 1999 May 20, 2002 Armenia December 6, 2004 A 6 March 2005 Australia * April 26, 2007 July 26, 2007 Austria December 14, 2009 March 14, 2010 Azerbaijan January 11, 2006 April 11, 2006 Bahrain 15 September 2005 was 15 December 2005 Belarus July 15, 1998 20 May 2002 Belgium * 30 May 2006 August 30, 2006 Benin, on January 16, 2006 April 16, 2006 Bosnia and Herzegovina 25 August 2009 25 November 2009 Botswana 27 October 2004 January 27, 2005 Bulgaria 29 March 2001 was May 20, 2002 Burkina Faso, on July 19, 1999 20 May 2002 Chile * April 11, 2001 20 May 2002 China * 9 March 2007 to June 9, 2007 Hong Kong 23 September 2008 1 October 2008 Cyprus September 2, 2005 A 2 December 2005 Colombia November 29, 2000 20 May 2002 (South) Korea * December 18, 2008 March 18, 2009 Costa Rica * May 23, 2000 20 May 2002 Croatia July 3, 2000 20 May 2002 Denmark * March 12, 2009 March 14, 2010 El Salvador El 20 October 1998 was May 20, 2002 United Arab Emirates 9 March 2005 June 9, 2005 Ecuador June 21, 2000 May 20, 2002 Spain December 14, 2009 March 14, 2010 Estonia 14 December 2009 March 14, 2010

United States September 14, 1999 Finland 20 May 2002 * December 14, 2009 March 14, 2010 France * 14 December 2009 14 March 2010 Gabon December 6, 2001 has 20 May 2002 Georgia 4 July 2001 to 20 May 2002 Ghana November 16, 2012 February 16, 2013 Greece 14 December 2009 March 14, 2010 Guatemala 8 October 2002 has 8 January 2003 Guinea 25 February 2002 25 May 2002 Honduras 20 February 2002 was May 20, 2002 Hungary 27 November 1998 20 May 2002 Indonesia November 15, 2004 February 15, 2005 Ireland 14 December 2009 14 March 2010 Italy December 14, 2009 March 14, 2010 Jamaica 12 March 2002 has 12 June 2002 Japan * 9 July 2002 A 9 October 2002 Jordan February 24, 2004 A may 24, 2004 Kazakhstan 12 August 2004 November 12, 2004 May 15, 2002 Kyrgyzstan has 15 August 2002 Latvia 22 March 2000 was May 20, 2002 Liechtenstein, on January 30, 2007 April 30, 2007 Lithuania 26 January 2001 has 20 May 2002 Luxembourg December 14, 2009 14 March 2010 Macedonia * 20 December 2004 20 March 2005 Malaysia September 27, 2012 has 27 December 2012 Mali 22 October 2001 to 20 May 2002 Malta 14 December 2009 14 March 2010 Morocco April 20, 2011 has 20 July 2011 Mexico November 17, 1999 20 May 2002 Moldova 13 March 1998 May 20, 2002 Mongolia, on July 25, 2002 October 25, 2002 Montenegro December 4, 2006 S 3 June 2006 Nicaragua December 6, 2002 March 6, 2003 Oman, on June 20, 2005 was September 20, 2005 Panama 17 March 1999 20 May 2002 Paraguay 29 November 2000 to May 20, 2002 Netherlands December 14, 2009 March 14, 2010 Peru April 18, 2002 July 18, 2002 Philippines July 4, 2002 has 4 October 2002 Poland 21 July 2003 October 21, 2003 Portugal 14 December 2009 14 March 2010 Qatar 28 July 2005 has 28 October 2005 Republic Dominican October 10, 2005 to January 10, 2006 Czech Republic 10 October 2001 has 20 May 2002 Romania February 1, 2001 May 20, 2002 United Kingdom 14 December 2009 14 March 2010 Russia * November 5, 2008 February 5, 2009 Saint - Vincent and the Grenadines 12 November 2010 has 12 February 2011 Saint Lucia 24 November 1999 20 May 2002 Senegal February 18, 2002 20 May 2002 Serbia 13 March 2003 has June 13, 2003 Singapore * January 17, 2005 April 17, 2005 Slovakia

January 14, 2000 20 May 2002 Slovenia 19 November 1999 20 May 2002 Sweden * December 14, 2009 Switzerland March 14, 2010 * March 31, 2008 July 1, 2008 Tajikistan may 24, 2011 A August 24, 2011 Togo February 21, 2003 May 21, 2003 Trinidad and Tobago 28 August 2008 has 28 November 2008 Turkey August 28, 2008 has 28 November 2008 Ukraine 29 November 2001 to 20 May 2002 European Union December 14, 2009 March 14, 2010 Uruguay may 28, 2008 August 28

2008 * reservations and declarations. Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the website of the world intellectual property organization address: www.wipo.int/treaties/fr or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Berne Treaty does not apply to Macau.

Reservations and declarations Switzerland the Switzerland shall notify, in accordance with art. 3, by. 3 of the Treaty, that it makes use of the option provided for in art. 5 al. 3 of the Rome Convention and rejects the criterion of first fixation. It will therefore apply the criterion of first publication.

2008 2515 RO; FF 2006 3263 art. 1 al. let 1. b of the AF of the Oct. 5. 2007 (RO 2008 2497).
RO 2008 2515, 2009 2503, 2010 1457, 2013 1373. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State may 3, 2013

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