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Topic: WIPO Performances and Phonograms Treaty

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	von Erlach & Partners - Articles: The new WIPO Treaties on Copyright and Performers' and Phonogram Producers' ... (Site not responding. Last check: 2007-09-06)
		Under the Performances and Phonograms Treaty, a performer may, as far as is reasonably applicable, claim to be identified as the performer of his performances, and may object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation.
		Performers have the exclusive right to authorize the direct or indirect reproduction of their performances fixed in phonograms; the term "indirect reproduction" refers to reproductions of recordings made in another place than the one where the performance took place (e.g.
		Performers and producers are both entitled to an equitable remuneration for any use of phonograms for commercial purposes or for broadcasting or communication to the public, including the playing of a phonogram to the public present in the same place.
	www.vonerlach.ch /articles/wipo.htm (1533 words)

	WIPO: COPYRIGHT, NEIGHBOURING RIGHTS IN DIGITAL AGE
		The two treaties adopted were the 'WIPO Copyright Treaty' and the 'WIPO Performances and Phonograms Treaty', and each of them will enter into force three months after 30 instruments of ratification or accession by States have been deposited with the Director-General of the WIPO.
		The WIPO is to convene extraordinary sessions of the competent WIPO Governing Bodies for preparatory work on a treaty on intellectual property rights in databases and a separate one for a protocol to the WIPO Performances and Phonograms Treaty to cover audio-visual performances.
		Already on the WIPO agenda is the issue of protection of rights of communities and their folklore -- an issue that has some relationship to the audio-visual issue.
	www.sunsonline.org /trade/areas/intellec/12230096.htm (1396 words)

	WIPO Diplomatic Conference: Updated Intellectual Property Laws for a Digital World
		The WIPO Copyright Treaty clarifies that copyright protection extends to expressions and not ideas, and that computer programs are protected as literary works, regardless of their mode or form of their expression.
		Both Treaties make it clear that, irrespective of the exclusive distribution to the public right, they leave it to national legislation to determine the effect of the exhaustion of rights with the first sale of a copy and therefore whether or not parallel importation is allowed.
		The WIPO Governing Bodies will be meeting in Geneva on March 20 and 21, 1997 to establish an action plan for these further negotiations in respect of the adoption of a protocol to the WIPO Performances and Phonograms Treaty and the adoption of the Database Treaty.
	www.gahtan.com /alan/articles/wipo.htm (2096 words)

	DRAFT WIPO PERFORMANCES AND PHONOGRAMS TREATY
		Performers shall enjoy the exclusive right of authorizing the making available to the public of their performances fixed in phonograms, 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.
		Producers of phonograms shall enjoy the exclusive right of authorizing the making available to the public of their phonograms, 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.
		The Assembly may ask WIPO to grant financial assistance to facilitate the participation of delegations of Contracting Parties that are regarded as developing countries in conformity with the established practice of the General Assembly of the United Nations or that are countries in transition to a market economy.
	www-swiss.ai.mit.edu /6805/articles/int-prop/wipo-performances.html (2646 words)

	WIPO Copyright Treaty - Wikipedia, the free encyclopedia
		The WIPO Copyright Treaty, adopted by the World Intellectual Property Organization (WIPO) in 1996, provides additional protections for copyright deemed necessary in the modern information era.
		The WIPO Copyright Treaty is implemented in United States law by the Digital Millennium Copyright Act (DMCA).
		By Decision of 16 March 2000, the European Council approved the treaty, on behalf of the European Community.
	en.wikipedia.org /wiki/WIPO_Copyright_Treaty (234 words)

	WIPO Copyright and Performances and Phonograms Treaties Implementation Act - Wikipedia, the free encyclopedia
		Section 102 gives the act its name, which is based on the requirements of the WIPO Copyright Treaty concluded at Geneva, Switzerland, on 20 December 1996.
		the WIPO Performances and Phonograms Treaty concluded at Geneva, Switzerland on 20 December 1996
		Opponents respond that the law was not necessary, even if it was it went far beyond what the treaties require, and the treaties were written and passed by the same industry lobbyists people who wanted to pass this law.
	en.wikipedia.org /wiki/WIPO_Copyright_and_Performances_and_Phonograms_Treaties_Implementation_Act (1505 words)

	[No title]
		WIPO Performances and Phonograms Treaty Several important provisions of the WIPO Performances and Phonograms Treaty offer responses to the challenges of digital technology for performances and phonograms in digital form in the Internet and similar electronic networks.
		Article 16 of the Performances and Phonograms Treaty provides that limitations or exceptions to rights may be made in certain special cases that do not conflict with a normal exploitation of the performance or phonogram and do not unreasonably prejudice the interests of the performer or the producer of the phonogram.
		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 performance; and (ii) the fixation of their unfixed performances.
	cyber.law.harvard.edu /globaleconomy/3.3_WIPO.doc (6623 words)

	[No title]
		The treaties lay down the legal groundwork to safeguard the interests of creators in cyberspace and open new horizons for composers, artists, writers and others to use the Internet with confidence to create, distribute and control the use of their works within the digital environment.
		He emphasized the importance of the new norms provided for in the WCT and the WPPT which, he said, are vital for the further development of the Internet, electronic commerce and thereby the culture and information industries.
		The treaties were agreed in 1996 and become law three months after they are ratified by 30 states.
	www.iwar.org.uk /news-archive/2002/copyright/03-07-02.htm (491 words)

	WO034EN
		(g) "communication to the public" of a performance or a phonogram means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram.
		(1) Performers shall enjoy the exclusive right of authorizing the commercial rental to the public of the original and copies of their performances fixed in phonograms as determined in the national law of Contracting Parties, even after distribution of them by, or pursuant to, authorization by the performer.
		In cases where authorization is needed from both the author of a work embodied in the phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the author does not cease to exist because the authorization of the performer or producer is also required, and vice versa.
	www.ipjustice.org /WIPO/treaties/wipoperformancesandphonographs.htm (3697 words)

	Intellectual Property Committee 306 Report (Site not responding. Last check: 2007-09-06)
		A resolution was adopted by the WIPO Diplomatic Confer ence calling for the convocation of a special session in 1997 to address issues raised by audiovisual fixations of performances.
		The "producer of [a] phonogram" is the person or entity that takes the initiative and has the responsibility for the first fixation of a phonogram's sounds (usually, the record company).
		Performers are provided, in Article 5, with two of the so-called "moral" rights the right of attribution, and the right of integrity.
	www.abanet.org /intelprop/annlrpt/306.html (1680 words)

	USIS Washington File: TEXT: LARSON SAYS IPR IS TOP ADMINISTRATION PRIORITY
		The two WIPO treaties support two of the Department's major goals of commercial diplomacy: adequate protection of intellectual property protection and greater openness in the exchange of ideas, goods, and services among all nations.
		The WIPO treaties will be critical to ensuring that copyright regimes in all countries adequately protect the original and creative works that enrich our cultures, broaden our scientific and technical knowledge, and inform, educate and entertain our citizens.
		The WIPO treaties are the result of extensive negotiations and are based on the information and views received from legal scholars, representatives of various industries, and various government agencies from around the World.
	usembassy-australia.state.gov /hyper/WF980910/epf412.htm (1235 words)

	CRNR/DC/95: WIPO Performances and Phonograms Treaty (Site not responding. Last check: 2007-09-06)
		The agreed statements of the Diplomatic Conference (that adopted the Treaty) concerning certain provisions of the WPPT are reproduced in the original text of the Treaty as footnotes under the provisions concerned.
		(b) "phonogram" means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work; [See the agreed statement concerning Article 2(b)]
		(e) "publication" of a fixed performance or a phonogram means the offering of copies of the fixed performance or the phonogram to the public, with the consent of the rightholder, and provided that copies are offered to the public in reasonable quantity; [See the agreed statement concerning Article 2(e), 8, 9, 12, and 13]
	www.wipo.int /documents/en/diplconf/distrib/95dc.htm (2822 words)

	BLACA: WIPO Audiovisual Performances Treaty
		Performers shall enjoy the exclusive right of authorizing the broadcasting and communication to the public of their performances fixed in audiovisual fixations.
		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 computed from the end of the year in which the performance was fixed.
		Contracting Parties shall accord the protection granted under this Treaty to fixed performances that exist at the moment of the entry into force of this Treaty and to all performances that occur after the entry into force of this Treaty for each Contracting Party.
	www.blaca.org.uk /_recent_developments/_iavp_dc34.htm (867 words)

	WIPO (Site not responding. Last check: 2007-09-06)
		Furthermore, the WIPO Copyright Treaty raises the minimum duration of protection of photographic (which in the Berne Convention now is 25 years) to the duration of protection of other works under the Berne Convention (50 years).
		The Treaty also recognizes moral rights for performers in respect of their live aural performances and their performances fixed in phonograms.
		The official text of the Treaties can be obtained from WIPO in Arabic, Chinese, English, French, Spanish and Russian, and, are being made available in English, French and Spanish on the Internet (http://www.wipo.int).
	id-www.ucsb.edu /detche/library/www/fairuse/wipo.html (347 words)

	Patent Office Director Sees Growing Optical Media Piracy, April 25, 2002
		Protection of audiovisual performances is on the agenda for the September 2002 WIPO general assemblies and remains "a priority" for the United States, he said.
		The U.S. does not believe it is advisable to consider the creation of such a system before individual countries have, in conjunction with the communities within their borders, established domestic regimes for folklore and traditional knowledge protection and have gained experience in the application of that protection and its effect on the communities involved.
		We were pleased to see that WIPO has just issued its Final Report on National Experiences with the Legal Protection of Expressions of Folklore, particularly as it highlights the many different ways countries have sought to address their domestic concerns.
	www.usembassy.it /file2002_04/alia/a2042613.htm (2498 words)

	SCADPlus: Accession to the WIPO Treaties
		To ensure the Community's accession to two treaties concluded in December 1996 under the aegis of the World Intellectual Property Organisation (WIPO): the Copyright Treaty and the Performances and Phonograms Treaty.
		The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) aim to update international protection of copyright and related rights in the Internet age, by supplementing the provisions of the Bern Convention to adapt them to the digital environment.
		In the Decision, the Council approves the two WIPO Treaties on behalf of the Community and authorises the Commission to represent the Community at the meetings of the Assemblies referred to in the Treaties.
	europa.eu.int /scadplus/leg/en/lvb/l26054.htm (437 words)

	ECUP-list: WIPO Performances and Phonograms Treaty (Site not responding. Last check: 2007-09-06)
		Apart from the WIPO Copyright Treaty, the WIPO Performances and
		Phonograms Treaty was adopted on 20 December 1996 in Geneva.
		conflict with a normal exploitation of the performance or phonogram and
	www.kaapeli.fi /hypermail/ecup-list/0187.html (253 words)

	Department of State Washington File: Text: Global Internet Copyright Treaty Enters Into Force (Site not responding. Last check: 2007-09-06)
		An international treaty negotiated in 1996 to protect authors' copyrights on the Internet came into force March 6.
		In a statement, WIPO Director General Kamil Idris emphasized the importance of the new norms provided for in the WCT and the WPPT which, he said, "are vital for the further development of the Internet, electronic commerce and thereby the culture and information industries."
		The World Intellectual Property Organization (WIPO) Copyright Treaty (WCT), one of two key treaties that will bring copyright law in line with the digital age, entered into force on March 6, 2002.
	usinfo.org /wf-archive/2002/020307/epf416.htm (586 words)

	House-introduced version of H.R. 2281 as WIPOCTIA (WIPO Copyright Treaty Implementation Act), July 29, 1997
		`The `WIPO Copyright Treaty' is the WIPO Copyright Treaty concluded at Geneva, Switzerland, on December 20, 1996.';
		`The `WIPO Performances and Phonograms Treaty' is the WIPO Performances and Phonograms Treaty concluded at Geneva, Switzerland, on December 20, 1996.'; and
		`(d) EFFECT OF PHONOGRAMS TREATIES- Notwithstanding the provisions of subsection (b), no works other than sound recordings shall be eligible for protection under this title solely by virtue of the adherence of the United States to the Geneva Phonograms Convention or the WIPO Performances and Phonograms Treaty.'.
	www.eff.org /IP/DMCA/hr2281_wipoctia_19970729_bill.html (2729 words)

	WIPO Performances and Phonograms Treaty (Site not responding. Last check: 2007-09-06)
		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 or form.
		(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 transfer of ownership of the original or a copy of the phonogram with the authorization of the producer of phonograms.
		(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 phonograms.
	lists.essential.org /1996/cpt-ip/msg00685.html (2140 words)

	FULL TEXT OF BILLS (Site not responding. Last check: 2007-09-06)
		Phonograms Convention' is the Convention for the Protection of
		Copyright Treaty' is the WIPO Copyright Treaty concluded at Geneva,
		Performances and Phonograms Treaty concluded at Geneva, Switzerland
	members.aol.com /legaleagll/senate.html (2550 words)

	HRRC - Home Recording Rights Coalition - DMCA (Site not responding. Last check: 2007-09-06)
		The DMCA treats works published in the United States or a treaty party within 30 days after publication in a non-U.S., non-treaty party as first published in the United States or a treaty party for purposes of conferring protection.
		Title I provides that no works other than sound recordings shall be eligible for protection solely by virtue of U.S. adherence to the Geneva Phonograms Convention or the WIPO Performances and Phonograms Treaty.
		It includes sound recordings in the definition of "restored work" if the source country for the work is an eligible country solely by its adherence to the WIPO Performances and Phonograms Treaty.
	www.hrrc.org /dmca/atitle14.html (269 words)

	[No title]
		Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
		This Title may be cited as the "WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998".
		(2) The following shall take effect upon the entry into force of the WIPO Performances and Phonograms Treaty with respect to the United States: (A) paragraph (6) of the definition of "international agreement" contained in section 101 of title 17, United States Code, as amended by section 102(a)(8) of this title.
	venus.soci.niu.edu /~cudigest/CUDS10/cud1027 (1707 words)

	[No title] (Site not responding. Last check: 2007-09-06)
		``(4) With the exception of public performances of works by radio and television broadcast stations, the name of, and other identifying information about, a performer whose performance is fixed in a work other than an audiovisual work.
		``(5) With the exception of public performances of works by radio and television broadcast stations, in the case of an audiovisual work, the name of, and other identifying information about, a writer, performer, or director who is credited in the audiovisual work.
		``(5) Perform such other functions as Congress may direct, or as may be appropriate in furtherance of the functions and duties specifically set forth in this title.''.
	www.access.gpo.gov /cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ304.105 (4593 words)

	U.S. Copyright Office - World Intellectual Property Organization
		Basic proposal for the substantive provisions of the treaty on certain questions concerning the protection of literary and artistic works
		Basic proposal for the substantive provisions of the treaty for the protection of the rights of performers and producers of phonograms
		Basic proposal for the substantive provisions of the treaty on intellectual property in respect of databases
	www.copyright.gov /wipo (92 words)

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