CERTAIN STATES OF AFRICA
Protocol to the WIPO Performances and Phonograms Treaty, concerning Audiovisual Performances.
CERTAIN STATES OF LATIN AMERICA AND THE CARIBBEAN
Protocol to the WIPO Performances and Phonograms Treaty concerning Audiovisual Performances.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Protocol to the WIPO Performances and Phonograms Treaty, concerning Audiovisual Performances.
UNITED STATES OF AMERICA
Substantive Provisions of a Treaty for the Protection of Performers in Audiovisual Works.
CERTAIN STATES OF AFRICA
The Contracting Parties,
Wishing to ensure an adequate level of protection for audiovisual performances, especially in the digital environment;
Noting that the WIPO Performances and Phonograms Treaty does not cover the moral or economic rights of performers in the audiovisual fixation of their unfixed performances, nor these rights in their audiovisually fixed performances;
Referring to the resolution concerning audiovisual performances adopted by the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions on December 20, 1996;
Have agreed as follows:
CERTAIN STATES OF LATIN AMERICA AND THE CARIBBEAN
The Contracting Parties
Noting that the WIPO Performances and Phonograms Treaty does not cover the rights of performers in the audiovisual fixation of their unfixed performances, nor the exploitation of their audiovisually fixed performances;
Referring to the resolution concerning audiovisual performances adopted by the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions on December 20, 1996;
Wishing to ensure an adequate level of protection for audiovisual performances, especially in the digital environment;
Have agreed as follows:
EUROPEAN COMMUNITY AND ITS MEMBER STATES
The Contracting Parties
Wishing to ensure an adequate level of protection for audiovisual performances, especially in the digital environment;
Noting that the WIP0 Performances and Phonograms Treaty does not cover the rights of performers in the audiovisual fixation of their unfixed performances, nor the exploitation of their audiovisually fixed performances;
Referring to the resolution concerning audiovisual performances adopted by the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions on December 20, 1996;
Have agreed as follows:
UNITED STATES OF AMERICA
The Contracting Parties,
Noting that the development and convergence of new information and communication technologies will allow for a rapid growth of audiovisual services and that this will increase the opportunities for performing artists to exploit their performances;
Recognizing the great importance of ensuring an adequate level of protection for these performances, in particular when they are exploited in the new digital environment;
Recognizing that the WIPO Performances and Phonograms Treaty (WPPT) does not cover the rights of performers in the audiovisual fixations of their performances, but that many provisions of the WPPT can be used or adapted as the basis for a new treaty protecting performers with respect to their audiovisual performances;
Have agreed as follows:
CERTAIN STATES OF AFRICA
Article 1
Relation to Other Conventions
(1) This Treaty constitutes a protocol to the WIPO Performances and Phonograms Treaty (hereinafter the "WPPT").
(2) Nothing in this Protocol shall derogate from existing obligations that Contracting Parties have to each other under the WPPT.
(3) Protection granted under this Protocol shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Consequently, no provision of this Protocol may be interpreted to prejudice such protection.
CERTAIN STATES OF LATIN AMERICA AND THE CARIBBEAN
Relation to other Conventions; Relation with copyright
1. This treaty constitutes a Protocol to the WIPO Performances and Phonograms Treaty done in Geneva on December 20, 1996 (hereinafter "the WIPO Treaty").
2. No provision of this Protocol shall detract from the mutual obligations of Contracting Parties under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, done at Rome on October 26, 1961 ("the Rome Convention").
3. The protection granted under this Protocol shall leave intact and in no way affect the protection of copyright in literary and artistic works. Consequently, no provision of this Treaty may be interpreted as prejudicing such protection.
4. This Protocol shall have no connection with, and shall not prejudice any right or obligation under, any treaty other than the WIPO Treaty.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 1
Relation to Other Conventions
(1) This Treaty constitutes a Protocol to the WIPO Performances and Phonograms Treaty done in Geneva, 20 December 1996 (hereinafter the "WIP0 Treaty").
(2) Nothing in this Protocol shall derogate from existing obligations that Contracting Parties have to each other under the WIP0 Treaty.
(3) Protection granted under this protocol shall leave intact and shall in no way affect the protection of copyright in literary and artistic works. Consequently, no provisions of this protocol may be interpreted as prejudicing such protection.
UNITED STATES OF AMERICA
Article 1
Relation to Other Conventions
(1) Nothing in this Treaty shall derogate from existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome, October 26, 1961.
(2) Protection granted under 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 prejudicing such protection.
(3) This Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under any other treaties.
CERTAIN STATES OF AFRICA
Article 2
Definitions
For the purposes of this Protocol:
(a) "performers" means actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works, or expressions of folklore;
(b) "audiovisual fixation" means the embodiment of moving images, whether or not accompanied by sound, or the representations thereof, from which they can be perceived, reproduced, or communicated through a device.
CERTAIN STATES OF LATIN AMERICA AND THE CARIBBEAN
Definitions
1. The Contracting Parties shall apply, mutatis mutandis, the definitions set out in Article 2 paragraphs (a), (e), (f) and (g) of the WIPO Treaty in connection with the protection granted under this Protocol.
2. For the purposes of this Protocol, "audiovisual fixation" means the embodiment of moving images, whether or not accompanied by sound, or the representations thereof, from which they can be perceived, reproduced or communicated through a device.
3. There was consensus that the definition of the term "performer" should not extend to persons whose contributions to a performance cannot be identified individually, such as the so-called extras.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 2
Definitions
(1) The Contracting Parties shall apply, mutatis mutandis, the definitions set out in Article 2 paragraphs (a), (f) and (g) of the WIPO Treaty in connection with the protection granted under this Protocol.
(2) For the purposes of this Protocol, "audiovisual fixation" means the embodiment of moving images, whether or not accompanied by sound, or the representations thereof, from which they can be perceived, reproduced or communicated through a device.
UNITED STATES OF AMERICA
Article 2
Definitions
For the purposes of this Treaty:
(a) "performers" are actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore, but not including extra performers or background performers;
(b) "fixation" means the embodiment of images, or of images and sounds, or of the representations thereof, from which they can be perceived, reproduced, or communicated through a device;
(c) "broadcasting" means the transmission by wireless means for public reception of images, or of images and sounds, or the representations thereof; such transmission by satellite is also "broadcasting;" transmission of encrypted signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent;
(d) "communication to the public" means the transmission to the public by any medium, otherwise than by broadcasting, of the images, or the sounds and images, or the representations thereof, comprised in an unfixed performance or in a fixed performance;
(e) an "audiovisual work" is a work consisting of a series of related images that are intended to be shown by the use of a device, together with any accompanying sounds.
CERTAIN STATES OF AFRICA
Article 3
Beneficiaries of Protection under this Protocol
The Contracting Parties shall accord the protection granted under this Protocol to performers who are nationals of other Contracting Parties.
CERTAIN STATES OF LATIN AMERICA AND THE CARIBBEAN
Beneficiaries of protection
The Contracting Parties shall accord the protection provided under this Protocol:
a) to the performers who are nationals of other Contracting Parties, and/or
b) in case where a performance is fixed in another Contracting Party.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 3
Beneficiaries of protection under this protocol
The Contracting Parties shall accord the protection provided under this protocol to performers who are nationals of other Contracting Parties.
UNITED STATES OF AMERICA
Article 3
Beneficiaries of Protection
(1) Contracting Parties shall accord the protection provided under this Treaty to performers of other Contracting Parties as defined in paragraph (2) of this Article.
(2) Performers of other Contracting Parties shall be understood to be performers who meet any of the following conditions:
(a) those performers who are nationals of another Contracting Party and whose performance is unfixed or is fixed in an audiovisual work;
(b) those performers whose unfixed performance takes place on the territory of another Contracting Party;
(c) those performers whose performance is first fixed in an audiovisual work on the territory of another Contracting Party.
Article 4
National Treatment
(1) Each Contracting Party shall accord to nationals of other Contracting Parties, in respect of the subject matter protected under this Protocol:
(a) the rights specifically granted by this Protocol; and
(b) such additional rights as it accords to its own nationals.
(2) A Contracting Party shall be entitled, in respect of nationals of any other Contracting Party, to limit the protection provided for in subparagraph (b) of paragraph (1) to the extent to which, and to the term for which, the latter Contracting Party grants such rights to the nationals of the former Contracting Party.
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles 4 (National Treatment) ... of the WIPO Treaty.
5. Concerning the right to remuneration for broadcasting and communication to the public of fixed performances, reservation on national treatment should be permitted in this protocol in the manner as provided in the WPPT.
Article 4
National Treatment
With respect to performances for which they are protected under this Treaty as provided in Article 3, performers shall enjoy, in other Contracting Parties, the treatment that the laws of such parties do now or may hereafter grant to their own nationals, as well as the rights specifically granted by this Treaty.
Article 12
Application of Certain Substantive Provisions of the WPPT
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Articles... 20 (Formalities)... of the WPPT.
Formalities
The enjoyment and exercise of the rights provided for in this Protocol shall not be subject to any formality.
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles... 20 (Formalities)... of the WIPO Treaty.
Article 17
Formalities
The enjoyment and exercise of the rights provided for in this Treaty shall not be subject to any formality.
Article 5
Moral Rights of Performers
(1) Independently of a performer's economic rights, and even after the transfer of those rights, a performer shall, as regards his performances, whether live of embodied in audiovisual fixations, have the right:
(a) to be identified as the performer of his performances, except where omission is dictated by the manner of the use of the performance; and
(b) to object to any distortion, mutilation, or other modification of his performances that would be prejudicial to his reputation.
(2) The rights granted to a performer in accordance with paragraph (1) shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the person or institutions authorized by the legislation of the Contracting Party where protection is claimed. However, those Contracting Parties whose legislation, at the moment of their ratification of this Protocol, does not provide for protection after the death of the performer of all rights set out in the preceding paragraph may provide that some of these rights will, after his death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted under this Article shall be governed by the legislation of the Contracting Party where protection is claimed.
Moral rights of performers
(1) Independently of a performer's economic rights, and even after the transfer of those rights, the performer shall, as regards his live audiovisual performances, with or without sounds, or performances included in audiovisual fixations, have the right to claim to be identified as the performer of his performances, except where omission is dictated by the manner of the use of the performance [, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation, on the understanding, however, that the producer of the audiovisual fixation may make modifications necessary to facilitate the normal exploitations of the fixations].
(2) The rights granted to a performer in accordance with paragraph (1) shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation of the Contracting Party where protection is claimed. However, those Contracting Parties whose legislation, at the moment of their ratification of, or accession to, this Treaty, does not provide for protection after the death of the performer of all rights set out in the preceding paragraph may provide that some of these rights will, after his death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted under this Article shall be governed by the legislation of the Contracting Party where protection is claimed.
Note: In paragraph (1), the phrase included in square brackets will be subject of further consultations.
Article 4
Rights of performers in their unfixed audiovisual performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards their unfixed audiovisual performances, whether or not accompanied by sound, the same rights as those granted under the WIPO Treaty to performers as regards their live aural performances, namely the rights provided under Article 5 (Moral Rights)1...
Article 5
Rights of performers in audiovisual fixations of their performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under the WIPO Treaty to performers as regards the use of their performances fixed in phonograms, namely the rights provided under Articles 5 (Moral Rights),1... of the WIPO Treaty.
Article 5
Moral Rights of Performers
(1) Independently of a performer's economic rights, and even after the transfer of those rights, the performer shall, as regards his or her live performances or performances fixed in an audiovisual work, have the right to claim to be identified as the performer of such performances, except where omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation, or other modification of his or her performance that would be seriously prejudicial to the performer's reputation, where such modification is not part of the normal exploitation of an audiovisual work by the producer of the work or its successors in interest, pursuant to the exercise of rights of authorization acquired by the producer in the performance.
(2) The rights granted to a performer in accordance with paragraph (1) shall, after the said performer's death, be maintained, at least until the expiry of the rights of authorization set forth in Articles 6 through 10, and shall be exercisable by the persons or institutions authorized by the legislation of the Contracting Party where protection is claimed. However, those Contracting Parties whose legislation, at the moment of their ratification of or accession to this Treaty, does not provide for protection after the death of the performer of all rights set out in the preceding paragraph, may provide that some of these rights will, after the performer's death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted under this Article shall be governed by the legislation of the Contracting Party where protection is claimed.
(4) The "normal exploitation of an audiovisual work" shall include the use of new or changed technology, media, formats and/or methods of distribution, dissemination, making available or communication to the public. A performer shall give reasonable consideration to the interests of the other performers in and creative authors of an audiovisual work when exercising the above described rights with respect to such work.
Article 6
Right of Fixation of Unfixed Performances
Performers shall enjoy the exclusive right of authorizing the audiovisual fixation of their unfixed performances.
Economic rights of performers in their unfixed performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards their unfixed audiovisual performances, whether or not accompanied by sound, the same rights as those granted under Article 6 (Economic rights of performers in their unfixed performances) of the WIPO Treaty.
Article 4
Rights of performers in their unfixed audiovisual performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards their unfixed audiovisual performances, whether or not accompanied by sound, the same rights as those granted under the WIPO Treaty to performers as regards their live aural performances, namely the rights provided under Article... 6 (Economic rights of Performers in their unfixed performances).
3. Performers shall enjoy the following exclusive rights of authorizing their unfixed audiovisual performances:
(a) fixation;
(b) broadcasting and communication to the public.
Article 6
Economic Rights of Performers in their Unfixed Performances
Performers shall enjoy the exclusive right of authorizing, as regards their performances:
(i) the broadcasting and communication to the public of their unfixed performances, except where the performance is already a broadcast or a publicly communicated performance; and
(ii) the fixation of their unfixed performances.
Article 7
Right of Reproduction
Performers shall enjoy the exclusive right of authorizing the direct or indirect reproduction, in any manner or form, of audiovisual fixations of their performances.
Right of reproduction
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under Article 7 (Right of reproduction) of the WIPO Treaty.
Article 5
Rights of performers in audiovisual fixations of their performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under the WIPO Treaty to performers as regards the use of their performances fixed in phonograms, namely the rights provided under Articles...7 (Right of Reproduction)... of the WIPO Treaty.
4. Performers shall enjoy the following rights of their fixed audiovisual performances:
(a) the exclusive right to authorize the reproduction;
UNITED STATES OF AMERICA
Article 7
Right of Reproduction
Performers shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their fixed performances in any manner or form.
Article 8
Right of Distribution
(1) Performers shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of the audiovisual fixations of their performances through sale or other transfer of ownership.
(2) Nothing in this Protocol shall affect the freedom of Contracting Parties to determine the conditions, if any, under which the exhaustion of the right in paragraph (1) applies after the first sale or other transfer of ownership of the original or a copy of the fixed performance with the authorization of the performer.
Right of distribution
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under Article 8 (Right of distribution) of the WIPO Treaty.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 5
Rights of performers in audiovisual fixations of their performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under the WIPO Treaty to performers as regards the use of their performances fixed in phonograms, namely the rights provided under Articles... 8 (Right of Distribution)... of the WIPO Treaty.
Article 8
Right of Distribution
(1) Performers shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of their fixed performances through sale or other transfer of ownership.
(2) Nothing in this Treaty shall affect the freedom of Contracting Parties to determine the conditions, if any, under which the exhaustion of the right in paragraph (1) applies after the first sale or other transfer of ownership of the original or a copy of the fixed performance with the authorization of the performer.
Article 9
Right of Rental
Performers shall enjoy the exclusive right of authorizing the commercial rental to the public of the original and copies of the audiovisual fixations of their performances. Contracting Parties are exempt from this obligation unless the commercial rental has led to widespread copying of the works which materially impairs the exclusive right of reproduction.
Right of rental
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under Article 9 (Right of rental) of the WIPO Treaty.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 5
Rights of performers in audiovisual fixations of their performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under the WIPO Treaty to performers as regards the use of their performances fixed in phonograms, namely the rights provided under Articles... 9 (Right of Rental)... of the WIPO Treaty.
Article 10
Right of Making Available of Fixed Performances
Performers shall enjoy the exclusive right of authorizing the making available to the public of audiovisual fixations of their performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.
Right of making available
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under Article 10 (Right of making available of fixed performances) of the WIPO Treaty.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 5
Rights of performers in audiovisual fixations of their performances
The Contracting Parties shall accord, mutatis mutandis, to performers, as regards the use of audiovisual fixations of their performances, the same rights as those granted under the WIPO Treaty to performers as regards the use of their performances fixed in phonograms, namely the rights provided under Articles... 10 (Right of Making Available of Fixed Performances)... of the WIPO Treaty.
REPUBLIC OF KOREA
4. Performers shall enjoy the following rights of their fixed audiovisual performances:
(b) the exclusive right of making available to the public, equivalent to the right given in the WPPT;
Article 9
Right of Making Available
Performers shall enjoy the exclusive right of authorizing the making available to the public of their fixed performances, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.
Right of broadcasting and communication to the public
Performers shall enjoy the exclusive rights of authorizing the broadcasting and other communication to the public of their performances fixed in audiovisual fixations.
In respect of broadcasting of audiovisual fixations, the Contracting Parties may apply mutatis mutandis, the provision of Article 11bis(2) of the Berne Convention.
[The Delegation of Brazil declared that, with respect to point 5, it was not in the position to express its opinion, since, in its country, there were still consultations in preparation of the June 8 to 12, 1998, session of the Committee of Experts.
The Delegation of Uruguay declared that, with respect to the entire contents of title X, it was not in a position to express its opinion, since, in its country, there were still consultations in preparation of the June 8 to 12, 1998, session of the Committee of Experts.]
4. Performers shall enjoy the following rights of their fixed audiovisual performances:
(c) the right to remuneration for broadcasting and communication to the public.
5. Concerning the right to remuneration for broadcasting and communication to the public of fixed performances, reservation on national treatment should be permitted in this protocol in the manner as provided in the WPPT.
Article 10
Right of Broadcasting and Communication to the Public
(1) Except for conditions on the exercise of the right that would be permissible for audiovisual works under Article 11bis of the Berne Convention for the Protection of Literary and Artistic Works, performers shall enjoy the exclusive right of authorizing, as regards their performances fixed in audiovisual works, the broadcasting and communication to the public of such performances, except where such a performance is already a broadcast or a publicly communicated performance.
(2) Any Contracting Party may, in a notification deposited with the Director General of WIPO, declare that it will limit the right set forth in paragraph (1) to a right to remuneration only.
Article 12
Application of Certain Substantive Provisions of the WPPT
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Articles 16 (Limitations and Exceptions)... of the WPPT.
Limitations and exceptions
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Article 16 (Limitations and exceptions) of the WIPO Treaty.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles... 16 (Limitations and Exceptions)... of the WIPO Treaty.
Article 12
Limitations and Exceptions
(1) Contracting Parties may, in their national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers 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 and do not unreasonably prejudice the legitimate interests of the performer.
Contractual arrangements concerning the rights of performers
In the case where a performer authorizes the inclusion of his performance in an audiovisual fixation, the Contracting Parties shall apply, mutatis mutandis, the provision of Article 14bis(2)(b) of the Berne Convention.
[The Delegation of Brazil declared that, with respect to the entire contents of title XII, it was not in the position to express its opinion, since, in its country, there were still consultations in preparation of the June 8 to 12, 1998, session of the Committee of Experts.]
UNITED STATES OF AMERICA
Article 11
Transfer of rights
Once a performer has consented to the fixation of his or her performance in an audiovisual work, he or she shall be deemed to have transferred all exclusive rights of authorization granted under this Treaty with respect to that particular audiovisual work to the producer of that work and its successors in interest, subject to written contractual clauses to the contrary. The foregoing sentence shall not apply to any rights of remuneration a performer may have under the law of any Contracting Party, nor shall it require a Contracting Party to establish any such rights of remuneration.
Article 12
Application of Certain Substantive Provisions of the WPPT
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Articles... 17 (Term of Protection),... of the WPPT.
Term of protection
The term of protection to be granted under this Protocol shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance was fixed.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles... 17 (Term of Protection)... of the WIPO Treaty.
Article 13
Term of Protection
The term of protection to be granted to performers under this Treaty shall last, at least, until the end of a period of 50 years from the end of the year in which the performance was fixed.
Article 12
Application of Certain Substantive Provisions of the WPPT
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Articles... 18 (Obligations concerning Technological Measures),... of the WPPT.
Obligations concerning technological measures
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Article 18 (Obligations concerning technological measures) of the WIPO Treaty.
EUROPEAN COMMUNITY AND ITS MEMBER STATES
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles... 18 (Obligations concerning Technological Measures)... of the WIPO Treaty.
6. We are also in favor of the provisions on the obligations concerning technological measures and rights management information included in the Protocol as those provided for in the WPPT.
Article 15
Obligations concerning Technological Measures
Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by performers or their transferees in connection with the exercise of their rights under this Treaty and that restrict acts, in respect of their performances, that are not authorized by the performers or that are not permitted by law.
Article 12
Application of Certain Substantive Provisions of the WPPT
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Articles... 19 (Obligations concerning the Rights Management Information),... of the WPPT.
CERTAIN STATES OF LATIN AMERICA AND THE CARIBBEAN
Obligations concerning rights management information
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Article 19 (Obligations concerning rights management information) of the WIPO Treaty.
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles... 19 (Obligations concerning Rights Management Information)... of the WIPO Treaty.
6. We are also in favor of the provisions on the obligations concerning technological measures and rights management information included in the Protocol as those provided for in the WPPT.
Article 16
Obligations concerning Rights Management Information
(1) Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any right covered by this Treaty:
(i) to remove or alter any electronic rights management information without authority;
(ii) to distribute, import for distribution, broadcast, communicate or make available to the public, without authority, performances or copies of fixed performances knowing that electronic rights management information has been removed or altered without authority.
(2) As used in this Article, "rights management information" means information that identifies the performer, the performance of the performer, or the owner of any right in the performance, or information about the terms and conditions of use of the performance, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a fixed performance or appears in connection with the broadcast, public communication, or making available to the public of a fixed performance.
Article 11
Reservations
No reservations to this Protocol shall be permitted.
Reservations
No reservations to this Protocol shall be permitted.
Article 7
Reservations
No reservations to this Protocol shall be permitted.
Article 18
Reservations
Subject to the provisions of Article 10(2), no reservations to this Treaty shall be permitted.
Article 12
Application of Certain Substantive Provisions of the WPPT
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Articles... 22 (Application in Time)... of the WPPT.
Application in time
1. The Contracting Parties shall apply the provisions of Article 18 of the Berne Convention, mutatis mutandis, to the rights of the performers provided for in this Protocol.
2. This Protocol shall not detract from the rights acquired in any Contracting Party prior to the date of entry into force of this Protocol in that Party.
3. A Contracting Party shall not be obliged to apply the provisions of this Protocol to performances given, or to audiovisual fixations made, prior to its entry into force in that Party.
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles... 22 (Application in Time)... of the WIPO Treaty.
UNITED STATES OF AMERICA
Article 19
Application in Time
(1) Contracting Parties shall apply the provisions of Article 18 of the Berne Convention, mutatis mutandis, to the rights of performers provided for in this Treaty.
(2) Notwithstanding paragraph (1), a Contracting Party may limit the application of Article 5 of this Treaty to performances that occurred after the entry into force of this Treaty for that Party.
Article 12
Application of Certain Substantive Provisions of the WPPT
The Contracting Parties shall apply, mutatis mutandis, in respect of the protection granted under this Protocol, the provisions of Articles... 23 (Provisions on Enforcement of Rights) of the WPPT.
Provisions on enforcement of rights
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Article 23 (Enforcement of rights) of the WIPO Treaty.
Article 6
Application of certain substantive provisions of the WIPO Treaty
The Contracting Parties shall apply, mutatis mutandis, in respect of protection granted under this Protocol, the provisions of Articles... 23 (Enforcement of Rights)... of the WIPO Treaty.
UNITED STATES OF AMERICA
Article 20
Provisions on Enforcement of Rights
(1) Contracting Parties undertake to adopt, in accordance with their legal systems, the measures necessary to ensure the application of this Treaty.
(2) Contracting Parties shall ensure that enforcement procedures are available under their law so as to permit effective action against any act of infringement of rights covered by this Treaty, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements.
Article 14
Implementation
Each Contracting Party may determine the means by which it will give effect to the provisions of this Treaty, including by means of the grant of a copyright or other related right.
Article 13
Assembly
(1) The Contracting Parties shall have an Assembly.
(2) This Assembly shall be the same as the one created by the WPPT. Its functioning shall be governed, mutatis mutandis, by Article 24 of the WPPT.
Article 14
Eligibility for Becoming Party to the Protocol
Any party to the WPPT may become party to this Protocol.
Article 15
Signature of the Protocol
This Protocol shall be open for signature until ... by any party eligible under Article 14.
Article 16
Final Clauses
The provisions of Articles 25 (International Bureau), 27 (Rights and Obligations under the Treaty), 29 (Entry into Force of the Treaty), 30 (Effective Date of Becoming Party to the Treaty), 31 (Denunciation of the Treaty), 32 (Languages of the Treaty) and 33 (Depository) of the WPPT shall apply, mutatis mutandis.
1. Assembly
The Contracting Parties shall have an Assembly. This Assembly shall be the same as the one created by the WIPO Treaty.
2. Eligibility for becoming party to the Protocol
Any party to the WIPO Treaty may become party to this Protocol.
3. Signature of the Protocol
This Protocol shall be open for signature until............. by any Member State of WIPO and by the European Community.
4. Entry into force of the Protocol
This Protocol shall enter into force, following the date of entry into force of the WIPO Treaty, three months after 20 instruments of ratification or accession by States have been deposited with the Director General of WIPO.
5. Final clauses
The provisions of Articles 25 (International Bureau), 27 (Rights and obligations under the Treaty), 30 (Effective date of becoming party of the Treaty), 31 (Denunciation of the Treaty), 32 (Languages of the Treaty) and 33 (Depository) of the WIPO Treaty shall apply, mutatis mutandis.
Article 8
Application of certain administrative provisions
The Contracting Parties shall have an Assembly. This Assembly shall be the same as the one created by the WIPO Treaty and its functioning shall be governed, mutatis mutandis, by Article 24 of the WIPO Treaty.
Article 9
Eligibility for becoming party to the Treaty
Any party to the WIPO Treaty may become party to this Protocol.
Article 10
Signature of the Protocol
This Protocol shall be open for signature until..................... by any Member State of WIPO and by the European Community.
Article 11
Entry into force of the Protocol
This Protocol shall enter into force, following the date of entry into force of the WIPO Treaty, three months after 5 instruments of ratification or accession by States have been deposited with the Director General of WIPO.
Article 12
Final clause
The provisions of Articles 25 (International Bureau), 27 (Rights and Obligations under the Treaty), 30 (Effective Date of Becoming Party of the Treaty), 31 (Denunciation of the Treaty), 32 (Languages of the Treaty) and 33 (Depository) of the WIPO Treaty shall apply, mutatis mutandis.
[End of Annex and of document]