CRNR/DC/5: Basic Proposal for the Substantive Provisions of the Treaty for the Protection of the Rights of Performers and Producers of Phonograms to Be Considered by the Diplomatic Conference (related 1)

WIPO

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

WORLD INTELLECTUAL PROPERTY ORGANIZATION

GENEVA

DIPLOMATIC CONFERENCE ON CERTAIN COPYRIGHT AND NEIGHBORING RIGHTS QUESTIONS

Geneva, December 2 to 20, 1996

BASIC PROPOSAL
FOR THE SUBSTANTIVE PROVISIONS OF THE TREATY
FOR THE PROTECTION OF THE RIGHTS
OF PERFORMERS AND PRODUCERS OF PHONOGRAMS
TO BE CONSIDERED BY THE DIPLOMATIC CONFERENCE

prepared by the Chairman of the Committees of Experts
on a Possible Protocol to the Berne Convention
and

on a Possible Instrument for the Protection of the Rights of Performers

and Producers of Phonograms

Memorandum Prepared by the Chairman of the Committees of Experts

Draft Treaty
for the Protection of the Rights
of Performers and Producers of Phonograms

CONTENTS

Preamble

CHAPTER I:GENERAL PROVISIONS

Article 1: Relation to Other Conventions

Article 2: Definitions

Article 3: Beneficiaries of Protection under this Treaty

Article 4: National Treatment

CHAPTER II: RIGHTS OF PERFORMERS

Article 5: Moral Rights of Performers

Article 6: Economic Rights of Performers in their Unfixed Performances

Article 7: Right of Reproduction

Article 8: Right of Modification

Article 9:

Alternative E Right of Distribution and Right of Importation

Alternative F Right of Distribution

Article 10: Right of Rental

Article 11: Right of Making Available of Fixed Performances

Article 12: Right to Remuneration for Broadcasting and Communication to the Public

Article 13: Limitations and Exceptions

CHAPTER III: RIGHTS OF PRODUCERS OF PHONOGRAMS

Article 14: Right of Reproduction

Article 15: Right of Modification

Article 16:

Alternative A Right of Distribution and Right of Importation

Alternative B Right of Distribution

Article 17: Right of Rental

Article 18: Right of Making Available of Phonograms

Article 19: Right of Remuneration for Broadcasting or Communication to the Public

Article 20: Limitations and Exceptions

CHAPTER IV: COMMON PROVISIONS

Article 21: Term of Protection

Article 22: Obligations concerning Technological Measures

Article 23: Obligations concerning Rights Management Information

Article 24: Formalities and Independence of Protection

Article 25: Reservations

Article 26: Application in Time

Article 27: Special Provisions on Enforcement of Rights

[CHAPTER V: ADMINISTRATIVE AND FINAL CLAUSES]

ANNEX