Subject: WIPO Performances and Phonograms Treaty
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: ti 24 joulu 1996 - 03:17:04 EET
Dear list members,
Apart from the WIPO Copyright Treaty, the WIPO Performances and
Phonograms Treaty was adopted on 20 December 1996 in Geneva. The most
important provisions for libraries are:
PREAMBLE
The Contracting Parties,
Recognizing the need to maintain a balance between the rights of
performers and producers of phonograms and the larger public interest,
particularly education, research and access to information.
CHAPTER II - RIGHTS OF PERFORMERS
ARTICLE 7
RIGHT OF REPRODUCTION
Performers shall enjoy the exclusive right of authorizing the direct and
indirect reproduction of their performances fixed in phonograms, in any
manner and form.
CHAPTER III - RIGHTS OF PRODUCERS OF PHONOGRAMS
ARTICLE 11
RIGHT OF REPRODUCTION
Producers of phonograms shall enjoy the exclusive right of authorizing
the direct or indirect reproduction of their phonograms, in any manner
and form.
CHAPTER IV - COMMON PROVISIONS
ARTICLE 16
LIMITATIONS AND EXCEPTIONS
(1) Contracting Parties may, in their national legislations, provide for
the same kind of limitations or exceptions with regard to the protection
of performers and producers of phonograms as they provide for, in their
national legislation, in connection with the protection of copyright in
literary and artistic works.
(2) Contracting Parties shall confine any limitations of or exceptions to
rights provided for in this Treaty to certain special cases which do not
conflict with a normal exploitation of the performance or phonogram and
do not unreasonably prejudice the legitimate interests of the performer
or of the producer of the phonogram.
No agreed statements were adopted for these articles. The full text can
be obtained from the ECUP secretariat at ecup.secr@dial.pipex.com.
Kind regards,
Emanuella Giavarra
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