WIPO

CRNR/DC/5 ORIGINAL: English DATE: August 30, 1996

0.01 During the preparatory stages that led to the production of this proposed Treaty, the expression "Possible Instrument" had been used as a working title. Since the term "instrument" is commonly used as a generic expression for any unspecified contract, deed or other document, it is suggested that this term should not be used in the official title of the proposed Treaty. The title "Treaty for the Protection of the Rights of Performers and Producers of Phonograms" is offered as an accurate characterization of the contents of this proposed Treaty.

0.02 The Preamble sets forth the objective of the proposed Treaty and the main arguments and considerations relating thereto.

0.03 The first paragraph of the Preamble expresses the most general objective of the proposed Treaty. It reflects the language of the Preamble of the Paris Act of the Berne Convention for the Protection of Literary and Artistic Works (hereinafter referred to in these Notes as "the Berne Convention").

0.04 The second paragraph pronounces the recognition that new international rules are needed to achieve the objective identified in the first paragraph, having regard to the manifold developments that call for improved protection in the field covered by the proposed Treaty.

0.05 The third paragraph acknowledges the connection of the proposed Treaty to the evolution of the overall environment of the intellectual property system: the accelerating development and convergence of information and communication technologies. This evolution extends its effects even to the convergence of the structures of industries and the content they produce, i.e. protected subject matter, and it has a profound impact on the production and distribution of the results of work by performers and producers of phonograms. While introducing certain provisions on "traditional issues", the proposed Treaty also includes solutions to urgent questions raised by the technological development referred to above. The proposed Treaty is therefore part of a series of simultaneously published draft Treaties which could be characterized as "Global Information Infrastructure Treaties" in the field of copyright and rights related to copyright.

0.06 The Preamble of this proposed Treaty has been drafted in parallel with the Preamble of the simultaneously published proposed Treaty on Certain Questions Concerning the Protection of Literary and Artistic Works (hereinafter referred to in these Notes as "the New Copyright Treaty"). However, in the present proposed Treaty no reference is made to the need to clarify the interpretation of certain existing rules. The present proposed Treaty is intended to be a comprehensive instrument rather than an instrument that clarifies existing norms.

The Contracting Parties,

Desiring to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible,

Recognizing the need to introduce new international rules in order to provide adequate solutions to the questions raised by economic, social, cultural and technological developments,

Recognizing the profound impact of the development and convergence of information and communication technologies on the production and use of performances and phonograms,

Have agreed as follows: