22000A0411(02) 22000A0411(02) WIPO Performances and Phonograms Treaty (WPPT) - Joint Declarations Official Journal L 089 , 11/04/2000 P. 0015 - 0023 Dates: of document: 23/12/1996 of effect: 00/00/000

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 of producers of phonograms in connection with the exercise of their rights under this Treaty and that restrict acts, in respect of their performances or phonograms, which are not authorised by the performers or the producers of phonogram concerned or permitted by law. Article 19 Obligations

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, performance, copies of fixed performances or phonograms knowing that electronic rights management information has been removed or altered without authority. 2. As used in this Article, "rights management information" means information which identifies the performer, the performance of the performer, the producer of the phonogram, the phonogram, the owner of any right in the performance or phonogram, or information about the terms and conditions of use of the performance or phonogram, 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 a phonogram or appears in connection with the communication on making of a fixed performance or a phonogram to the public. Article 20 Formalities The enjoyment and exercise of the rights provided for in this Treaty shall not be subject to any formality. Article 21 Reservations Subject to the provisions of Article 15

(3), no reservations to this Treaty shall be permitted. Article 22 Application in time

Contracting Parties shall apply the provisions of Article 18 of the Berne Convention, mutatis mutandis, to the rights of performers and producers of phonograms provided for in this Treaty.
Notwithstanding paragraph 1, a Contracting party may limit the application of Article 5 of this Treaty to performances which occurred after the entry into force of this Treaty for that Party. Article 23 Provisions on enforcement of rights
Contracting Parties undertake to adopt, in accordance with their legal systems, the measures necessary to ensure the application of this Treaty.
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 expeditions remedies to prevent infringements and remedies which constitute a deterrent to further infringements. CHAPTER V ADMINISTRATIVE AND FINAL CLAUSES Article 24 Assembly
(a) The Contracting Parties shall have an Assembly. (b) Each Contracting Party shall be represented by one delegate who may be assisted by alternate delegates, advisors and experts. (c) The expenses of each delegation shall be borne by the Contracting Party that has appointed the delegation. 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.
(a) The Assembly shall deal with matters

the maintenance and development of this Treaty and the application and operation of this Treaty. (b) The Assembly shall perform the function allocated to it under Article 26

(2)in respect of the admission of certain intergovernmental organisations to become party to this Treaty. (

c)The Assembly shall decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such diplomatic conference. 3. (
a)Each Contracting Party that is a State shall have one vote and shall vote only in its own name. (
b)Any Contracting Party that is an intergovernmental organisation may participate in the vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty. No such intergovernmental organisation shall participate in the vote if any one of its Member States exercises its right to vote and vice versa. 4. The Assembly shall meet in ordinary session once every two years upon convocation by the Director-General of WIPO. 5. The Assembly shall establish its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions. Article 25 International Bureau The International Bureau of WIPO shall perform the administrative tasks

the Treaty. Article 26 Eligibility for becoming Party to the Treaty 1. Any Member State of WIPO may become Party to this Treaty. 2. The Assembly may decide to admit any intergovernmental organisation to become Party to this Treaty which declares that it is competent in respect of, and has its own legislation binding on all its Member States on, matters covered by this Treaty and that it has been duly authorised, in accordance with its internal procedures, to become Party to this Treaty. 3. The European Community, having made the Declaration referred to in the preceding paragraph in the Diplomatic Conference that has adopted this Treaty, may become Party to this Treaty. Article 27 Rights and obligations under the Treaty Subject to any specific provisions to the contrary in this Treaty, each Contracting Party shall enjoy all of the rights and assume all of the obligations under this Treaty. Article 28 Signature of the Treaty This Treaty shall be open for signature until December 31, 1997, by any Member State of WIPO and by the European Community. Article 29 Entry into force of the Treaty This Treaty shall enter into force three months after 30 instruments of ratification or accession by States have been deposited with the Director-General of WIPO. Article 30 Effective date of becoming Party to the Treaty This Treaty shall bind: (

i)the 30 States referred to in Article 29, from the date on which this Treaty has entered into force; (
ii)each other State from the expiration of three months from the date on which the State has deposited its instrument with the Director-General of WIPO; (iii) the European Community, from the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty according to Article 29, or, three months after the entry into force of this Treaty if such instrument has been deposited before the entry into force of this Treaty; (
iv)any other intergovernmental organisation that is admitted to become Party to this Treaty, from the expiration of three months after the deposit of its instrument of accession. Article 31 Denunciation of the Treaty This Treaty may be denounced by any Contracting Party by notification addressed to the Director-General of WIPO. Any denunciation shall take effect one year from the date on which the Director-General of WIPO received the notification. Article 32 Languages of the Treaty 1. This Treaty is signed in a single original in English, Arabic, Chinese, French, Russian and Spanish languages, the versions in all these languages being equally authentic. 2. An official text in any language other than those referred to in paragraph 1 shall be established by the Director-General of WIPO on the request of an interested party, after consultation with all the interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language, or one of whose official languages, is involved and the European Community, and any other intergovernmental organisation that may become Party to this Treaty, if one of its official languages is involved. Article 33 Depositary The Director-General of WIPO is the depositary of this Treaty. Agreed statements

Article 1

(2)It is understood that Article 1

(2)clarifies the relationship between rights in phonograms under this Treaty and copyright in works embodied in the phonograms. In cases where authorisation 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 authorisation of the author does not cease to exist because the authorisation of the performer or producer is also required, and vice versa. It is further understood that nothing in article 1

(2)precludes a Contracting Party from providing exclusive rights to a performer or producer of phonograms beyond those required to be provided under this Treaty.

Article 2

(

b)It is understood that the definition of phonogram provided in Article 2(
b)does not suggest that rights in the phonogram are in any way affected through their incorporation into a cinematographic or other audiovisual work.

Articles 2(e), 8, 9, 12 and 13 As used in these Articles, the expressions "copies" and "original and copies" being subject to the right of distribution and the right of rental under the said Articles, refer exclusively to fixed copies that can be put into circulation as tangible objects.

Article 3

(2)For the application of Article 3

(2), it is understood that fixation means the finalisation of the master tape ("bande-mųre").

Article 3

It is understood that the reference in Articles 5(

a)and 16(a)(
iv)of the Rome Convention to "national of another Contracting state" will, when applied to this Treaty, mean, in regard to an intergovernmental organisation that is a Contracting Party to this Treaty, a national of one of the countries that is a member of that organisation.

Articles 7, 11 and 16 The reproduction right, as set out in Articles 7 and 11, and the exceptions permitted thereunder through Article 16, fully apply in the digital environment, in particular to the use of performances and phonograms in digital form. It is understood that the storage of a protected performance or phonogram in digital form in an electronic medium constitutes a reproduction within the meaning of these Articles.

Article 15

It is understood that Article 15 does not represent a complete resolution of the level of rights of broadcasting and communication to the public that should be enjoyed by performers and phonogram producers in the digital age. Delegations were unable to achieve consensus on differing proposals for aspects of exclusivity to be provided in certain circumstances or for rights to be provided without the possibility of reservations, and have therefore left the issue so future resolution.

Article 15

It is understood that Article 15 does not prevent the granting of the right conferred by this Article to performers of folklore and producers of phonograms recording folklore where such phonograms have not been published for commercial gain.

Article 16

The agreed statement

Article 10

(on limitations and exceptions of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 16 (on limitations and exceptions) of the WIPO Performances and Phonograms Treaty.

Article 19

The agreed statement

Article 12

(on obligations

rights management information) of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 19 (on obligations

rights management information) of the WIPO Performance and Phonograms Treaty.

🔗 Į oficialų šaltinį

DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.