For the purposes of this Convention:

(a)

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

(b)

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

(c)

"Copy" means a medium containing sounds taken directly or indirectly from a phonogram and which incorporates all or a substantial part of the sounds fixed in that phonogram;

(d)

"Distribution to the public" means any act whose purpose is to provide copies, directly or indirectly, to the public in general or to any part thereof.

Each Contracting State undertakes to protect producers of phonograms who are nationals of other Contracting States against the production of copies made without the consent of the producer and against the importation of such copies, where the Production or import is made for distribution to the public, as well as the distribution of such copies to the public.

The means by which this Convention shall be applied shall be reserved for the national law of each Contracting State and which shall include one or more of the following means: protection by the grant of a copyright or other right Protection by means of unfair competition law; protection through criminal sanctions.

The term of protection granted shall be reserved for the national law of each Contracting State. However, if the national law provides for a specific term of protection, that term shall not be less than twenty years from the end of the year in which the sounds embodied in the phonogram have been fixed for the First time, the year in which the phonogram was first published.

Where a Contracting State requires, under its national law, the completion of formalities as a condition of the protection of producers of phonograms, such requirements shall be considered fulfilled if all copies Authorized by the phonogram which are distributed to the public or the carrying case shall 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 the Protection is reserved; if the copies or their case do not identify the producer, Or the holder of the exclusive license (by means of the name, the mark or any other appropriate designation), the statement shall also include the name of the producer, his right holder or the holder of the exclusive license.

Any Contracting State which provides protection by means of copyright or other specific right, or by means of criminal sanctions, may, in its national legislation, impose limitations on the protection of producers of Phonograms, of the same nature as those allowed for the protection of authors of literary and artistic works. However, no compulsory licence may be granted unless all of the following conditions are met:

(a)

The reproduction is for the exclusive use of teaching or scientific research;

(b)

The licence shall be valid only for the reproduction in the territory of the Contracting State of which the competent authority has granted the licence and shall not extend the export of the copies;

(c)

The reproduction made under the license gives the right to a fair remuneration which is fixed by that authority, taking into account, among other things, the number of copies to be made.

(1) This Convention shall in no way be interpreted as limiting or derogating from the protection granted to authors, performers, producers of phonograms, or to broadcasting organizations, in Under national laws or international conventions.

(2) The national law of each Contracting State shall determine, where appropriate, the extent of the protection granted to performers whose performance is fixed in a phonogram, and the conditions under which they Will enjoy such protection.

(3) No Contracting State shall be required to apply the provisions of this Convention in respect of phonograms fixed before it has entered into force in respect of the State concerned.

(4) Any State whose national law in force on 29 October 1971 provides producers of phonograms with protection only according to the place of the first fixation may, by means of a notification deposited with the Director General of The World Intellectual Property Organization, declare that it will apply this criterion instead of the nationality of the producer.

(1) The International Bureau of the World Intellectual Property Organization shall assemble and publish information concerning the protection of phonograms. Each Contracting State shall communicate as soon as possible to the International Bureau the text of any new law as well as any official texts relating to that question.

(2) The International Bureau shall provide to any Contracting State, on its request, information on matters relating to this Convention; it shall also carry out studies and provide services to facilitate the protection provided for in the Convention.

(3) The International Bureau shall perform the functions listed in paras. 1) and (2) above, in cooperation with the United Nations Educational, Scientific and Cultural Organization and the International Labour Organization.

(1) This Convention shall be deposited with the Secretary-General of the United Nations. It remains open until the date of 30 April 1972 at the signature of any member State of the United Nations, one of the specialized agencies related to the United Nations or the International Energy Agency Or party to the Statute of the International Court of Justice ¹ .

(2) This Convention shall be subject to ratification or acceptance by the signatory States. It shall be open for accession by any State referred to in para. 1) of this Article.

(3) Instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations.

(4) It is understood that, at the time when a State becomes bound by this Convention, it must be in a position, in accordance with its domestic law, to give effect to the provisions of the Convention.

No reservations to this Convention shall be permitted.

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

(2) With respect to each State ratifying or accepting this Convention or acceding thereto after the deposit of the fifth instrument of ratification, acceptance or accession, this Convention shall enter into force three months after the date on which the Director General of the World Intellectual Property Organization shall inform the States, in accordance with Art. 13, para. 4), from the deposit of its instrument.

(3) 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 is applicable to All or any of the territories for which it is responsible for international relations. Such notification shall take effect three months after the date of its receipt.

(4) However, the preceding paragraph shall not in any case be interpreted as implying the recognition or tacit acceptance by any of the Contracting States of the de facto situation of any territory to which this Convention is Made applicable by another Contracting State under that 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. 11, para. 3), by a written notification addressed to the Secretary-General of the United Nations.

(2) Denunciation shall take effect twelve months after the date on which the Secretary-General of the United Nations has received the notification,

(1) This Convention shall be signed, in a single copy, in the English, Spanish, French and Russian languages, the four texts being equally authentic.

(2) Official texts shall be established by the Director General of the World Intellectual Property Organization, after consultation with the Governments concerned, in the German, Arabic, Italian, Dutch and Portuguese languages.

(3) The Secretary-General of the United Nations shall notify the Director General of the World Intellectual Property Organization, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director General of the International Labour Office:

(a)

The signatures of this Convention;

(b)

The deposit of instruments of ratification, acceptance or accession;

(c)

The date of entry into force of this Convention;

(d)

Any declaration notified under Art. 11, para. 3);

(e)

Receipt of notification of denunciation.

(4) The Director General of the World Intellectual Property Organization shall inform the States referred to in Art. 9, para. 1), notifications received pursuant to the preceding paragraph, as well as declarations made under s. 7, para. 4). It shall also notify the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director-General of the International Labour Office.

(5) The Secretary-General of the United Nations shall transmit two certified copies of this Convention to the States referred to in Art. 9, para. 1).

In Faith What, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Geneva, this twenty-nine October 1971.

(Suivent signatures)