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Convention for the Protection of Producers of Phonograms against Unauthorized Reproduction of their Phonograms
date: 1971-10-29

Contracting states, Concerned about the widespread and increasing unauthorized copying of phonograms and their authors, Damage to the interests of performers and producers of sound recordings, Believe in protecting phonographers, Prevent such behavior, It will also benefit performers and authors whose performances and works are recorded on sound recordings, Recognize the value of the work of the United Nations Educational, Scientific and Cultural Organization and the World Intellectual Property Organization in this regard, It is expected not to affect international agreements already in force, In particular, to protect the performers without hindrance, Of broadcast organizations and producers of sound recordings 1961 years 10 month 26 The Japan-Rome Convention gained wider recognition, Come to an agreement as follows:

Article 1

In this Convention: (a) "Sound recording" Any fixation on a performed sound or other sound that is only audible; (b) "phonograph" Refers to the natural person or legal person who for the first time fixed the sound or other sound performed; (c) "copy" An object containing a sound obtained directly or indirectly from a recording product, The article contains all or a major part of the sound fixed on the phonograph; (ding) "Public offering" The act of making copies of sound recordings available, directly or indirectly, to the public or to any part of the public.

Article 2

States Parties shall protect producers of phonograms who are nationals of other States Parties, Prevent the production of copies of phonograms without the consent of the producer and the import of such copies, Provided that the purpose of any such production or importation is for public offering, And prevent the public distribution of such copies.

Article 3

The modalities for the implementation of this Convention shall be prescribed by the domestic laws of each Contracting State and shall include one or more of the following: By granting copyright or other specific rights; Adopt legal protection against unfair competition; Protection by means of criminal sanctions.

Article 4

The period for which protection is granted shall be prescribed by the domestic law of each Contracting State. but, If domestic law provides for a specific period of protection, This period of protection shall not be shorter than the end of the year in which the sound contained in the phonogram was first fixed, Or twenty years from the end of the year in which the phonograms were first published.

Article 5

If a State Party is required by its domestic legislation to comply with formalities as a condition of the protection of producers of phonorecordings, As long as it is published All copies of, or packaging thereof of, an authorized sound recording (P) Marked with the year of first publication, Moreover mark Is sufficient to draw attention to the requirement for protection, It shall be considered to have complied with formalities; If the copy or its packaging is not (By carrying his name, Trademark or other appropriate identification) Name the creator, His legal heir or exclusive license holder, The mark shall also include the name of the producer and his legal successor or exclusive licence holder.

Article 6

Any State Party that provides protection by means of copyright or other specific rights or by means of criminal sanctions, The same restrictions may be provided for the protection of producers of phonograms in their national legislation as are permitted for the protection of authors of literary and artistic works. but, Only if all of the following conditions are met, To be allowed to issue compulsory licences:

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