On the ratification of the International Convention for the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations

Home / RLA / On the ratification of the International Convention for the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations

The Law of the Republic of Kazakhstan dated February 17, 2012 No. 563-IV SAM

To ratify The International Convention for the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations, signed on October 26, 1961 in Rome.

President of the Republic of Kazakhstan N. NAZARBAYEV

International Convention for the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations

The Contracting States, motivated by the desire to protect the rights of performers, producers of phonograms and broadcasting organizations, have agreed as follows:

Article 1

The protection provided by this Convention does not affect or prejudice in any way the protection of copyright in literary and artistic works. Accordingly, none of the provisions of this Convention can be interpreted as prejudice to such protection.

Article 2

1. For the purposes of this Convention, national treatment means the legal treatment granted by the domestic law of the Contracting State in which protection is sought: (a) to performers who are its nationals in respect of performances performed on its territory, broadcast or first recorded; (b) to producers of phonograms who are its nationals in respect of phonograms, recorded for the first time or published for the first time on its territory; (c) broadcasting organizations, whose headquarters are located in its territory, in respect of broadcasts carried out using transmitters located in its territory. 2. National treatment shall be provided in accordance with the requirements of protection under conditions providing for its limitation, specifically stipulated in this Convention.

Article 3

For the purposes of this Convention: (a) "Performers" means actors, singers, musicians, dancers, or other persons who play a role, sing, read, recite, perform, or otherwise participate in the performance of literary or artistic works; (b) "phonogram" means any exclusively sound recording of a performance or other (c) "phonogram producer" means a natural or legal person who is the first to record a performance or other sounds.; (d) "publication" means the provision to the public of sufficient copies of a phonogram; (e) "reproduction" means the production of one or more copies of a recording by wireless means for public reception; (g) "retransmission" means the simultaneous broadcast by one broadcasting organization of broadcasts carried out by another broadcasting organization.

Article 4

Each Contracting State grants performers national treatment subject to one of the following conditions:: (a) the performance takes place in another Contracting State; (b) the performance is included in a phonogram protected in accordance with Article 5 of this Convention; (c) the performance, without being recorded on a phonogram, is distributed by broadcasting protected in accordance with Article 6 of this Convention.

Article 5

1. Each Contracting State shall grant national treatment to producers of phonograms subject to one of the following conditions:: (a) the producer of the phonograms is a national of another Contracting State (criterion of nationality of the producer); (b) the first sound recording was made in another Contracting State (criterion of the place of the first recording); (c) the phonogram was first published in another Contracting State (criterion of the place of the first publication). 2. If a phonogram is first published in a State that is not a party to this Convention, but if, within thirty days from the date of its first publication, it is also published in a Contracting State (simultaneous publication), it is considered to be first published in a Contracting State. 3. Any Contracting State may, by notification addressed to the Secretary-General of the United Nations, declare that it will not apply the criterion of the place of the first publication or, alternatively, the criterion of the place of the first entry. Such notification may be given at the time of the deposit of the instrument of ratification, acceptance or accession, or at any later time; in the latter case, the notification shall enter into force six months after the date of its deposit.

Article 6

1. Each Contracting State shall grant national treatment to a broadcasting organization subject to one of the following conditions:: (a) the headquarters of the broadcasting organization is located in the other Contracting State; (b) the broadcast is carried out using a transmitter located in the other Contracting State. 2. Any Contracting State may, by notification addressed to the Secretary-General of the United Nations, declare that it will protect a broadcast only if the headquarters of the broadcasting organization is located in another Contracting State and this transmission is carried out using a transmitter located in the same Contracting State. Such notification may be given at the time of the deposit of the instrument of ratification, acceptance or accession, or at any later time.; In the latter case, the notification shall enter into force six months after the date of its deposit.

Article 7

1. The protection granted to performers in accordance with this Convention includes the possibility to prevent: (a) broadcasting or performing without their consent, except in cases where the performance used for broadcasting or for general information has already been broadcast or recorded; (b) the recording of a performance that has not been recorded without their consent; (c) reproduction, without their consent, of a recording of their performance: (i) if the original recording itself was made without their consent; (ii) if the reproduction is carried out for purposes other than those to which the performers have given their consent; (iii) if the original recording was made in accordance with the provisions of Article 15, and reproduction is carried out for purposes other than those specified in these provisions. 2. (1) If broadcasting is carried out with the consent of the performers, protection in respect of retransmission, recording for the purpose of broadcasting or reproduction of such recording for the purpose of broadcasting shall be governed by the domestic law of the Contracting State in which such protection is sought. (2) The rules and conditions governing the use by broadcasting organizations of recordings made for the purpose of broadcasting shall be determined in accordance with the domestic law of the Contracting State in which protection is sought. (3) However, the domestic legislation referred to in sub-paragraphs (1) and (2) of this paragraph should not deprive performers of the opportunity to control their contractual relations with broadcasting organizations.

Article 8

If several performers take part in the same performance, any Contracting State may specify in its domestic legislation and regulations how performers will be represented in connection with the exercise of their rights.

Article 9

Any Contracting State may extend the protection provided by this Convention to artists who do not perform literary or artistic works by adopting domestic legislation and regulations.

Article 10

Phonogram producers have the right to allow or prohibit the direct or indirect reproduction of their phonograms.

Article 11

If the national legislation of a Contracting State requires certain formalities as a condition for granting legal protection to producers of phonograms or performers, or to both of these categories, these formalities shall be deemed fulfilled if all commercially available copies of the published phonogram or their packaging bear an inscription consisting of the P-mark followed by the year of the first publication, and so located in such a way as to provide a clear reminder that the phonogram is protected; if the copies or the packaging containing them do not name the producer of the phonogram or the license holder (by specifying his name, trademark or other appropriate designation), then the inscription must also include the name of the person holding the rights of the producer of the phonogram; and, in addition, if the copies or the packaging containing them do not name the main performers, then the inscription must also include the name of the person who holds the rights of such performers in the country where the recording was made.

Article 12

If a phonogram published for commercial purposes or a reproduction of such a phonogram is used directly for broadcasting or for communication in any way to the public, the user pays a one-time fair remuneration to the performers or producers of phonograms, or both categories of copyright holders. In the absence of an agreement between these parties, the terms of the distribution of this remuneration may be determined by domestic legislation.

Article 13

Broadcasting organizations have the right to allow or prohibit: (a) the retransmission of their broadcasts; (b) the recording of their broadcasts; (c) the reproduction of: (i) recordings of their broadcasts made without their consent; (ii) recordings of their broadcasts made in accordance with the provisions of Article 15, if the reproduction has been carried out for purposes other than those specified in these provisions; (d) the transmission to the public of its television broadcasts, if such transmission is carried out in places accessible to the public for an entrance fee; The determination of the conditions under which it can be carried out is regulated by the domestic legislation of the State in which protection of this right is sought.

Article 14

The duration of the period of protection granted in accordance with this Convention is not less than 20 years, counting from the end of the year in which: (a) the phonograms and the performances included in them were recorded; (b) the performances not included in the phonograms took place; (c) the broadcast took place.

Article 15

1. Any Contracting State may provide in its domestic legislation and regulations for exceptions to the protection guaranteed by this Convention in respect of: (a) use for personal purposes; (b) use of short excerpts for the purpose of reporting current events; (c) short-term audio recordings made by a broadcasting organization on its equipment and for its broadcasts; (d) use exclusively for educational or scientific research purposes. 2. Without regard to the provisions of paragraph 1 of this Article, any Contracting State may provide in its domestic legislation and regulations for the same restrictions on the protection of performers, producers of phonograms and broadcasting organizations as are provided for in its domestic legislation and regulations regarding the protection of copyright in literary and artistic works. However, compulsory licenses may be granted only to the extent consistent with the provisions of this Convention.

Article 16

1. Any State, becoming a party to this Convention, assumes all the obligations arising from it and enjoys all the advantages arising from it. However, at any time, by notification addressed to the Secretary-General of the United Nations, it may declare that: (a) in relation to Article 12 it will: (i) not apply the provisions of this Article; (ii) not apply the provisions of this Article with respect to certain uses; (iii) will not apply this Article to phonograms the producer of which is not a national of the other Contracting State; (iv) will limit the protection granted under this Article in respect of phonograms the producer of which is a national of the other Contracting State to the extent and for the period to which that State limits the protection granted on phonograms recorded for the first time by a citizen of the State making the relevant statement; however, the fact that the Contracting State of which the producer of phonograms is a national does not grant protection to the same beneficiary or beneficiaries as the State making the declaration is not considered as a factor affecting the scope of protection; (b) will not apply paragraph (d) of Article 13; if the Contracting State makes such a declaration The other Contracting States are not obliged to grant the right provided for in paragraph (d) of Article 1 to broadcasting organizations whose headquarters are located in that State. 2. If the notification referred to in paragraph 1 of this Article is made after the date of deposit of the instrument of ratification, acceptance or accession, the declaration shall enter into force six months after its deposit.

Article 17

Any State which, as of October 26, 1961, grants protection to producers of phonograms solely on the basis of the criterion of the place of first recording, may, when depositing its instrument of ratification, acceptance or accession in a notification addressed to the Secretary-General of the United Nations, declare that, for the purposes of In accordance with Article 5, it will apply only the criterion of the place of the first entry, and for the purposes of paragraph 1 (a) (iii) and (iv) of Article 16, the criterion of the place of the first entry instead of the criterion of the nationality of the producer.

Article 18

Any State that has made a notification in accordance with paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph 1 of Article 16, or Article 17 may limit its validity or revoke it by subsequent notification addressed to the Secretary-General of the United Nations.

Article 19

Without regard to the provisions of this Convention, the application of Article 7 is terminated if the performer has consented to include his performance in an image recording or an audiovisual recording.

Article 20

1. This Convention shall not prejudice the rights acquired in any Contracting State prior to the date of entry into force of this Convention in respect of that State. 2. No Contracting State is obliged to apply the provisions of this Convention to performances, broadcasts or phonograms that have taken place, the first recording of which was made before the date of entry into force of this Convention in respect of that State.

Article 21

The protection provided by this Convention is without prejudice to any other protection granted to performers, producers of phonograms or broadcasting organizations.

Article 22

The Contracting States reserve the right to conclude special agreements between themselves insofar as such agreements provide for the granting of broader rights to performers, producers of phonograms or broadcasting organizations than are granted by this Convention, or contain other provisions that do not contradict this Convention.

Article 23

This Convention shall be deposited with the Secretary-General of the United Nations. It is open for signature until June 30, 1962, by any State invited to participate in the Diplomatic Conference on the International Protection of Performers, Producers of Phonograms and Broadcasting Organizations, which is a party to the Universal Copyright Convention or a member of the International Union for the Protection of Literary and Artistic Works.

Article 24

1. This Convention is subject to ratification or acceptance by signatory States. 2. This Convention is open for accession by any State invited to participate in the Conference referred to in Article 23 and by any Member State of the United Nations, provided that in both cases such State is a party to the Universal Copyright Convention or a member of the International Union for the Protection of Literary and Artistic Works. 3. Instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations.

Article 25

1. This Convention shall enter into force three months after the date of deposit of the sixth instrument of ratification, acceptance or accession. 2. Thereafter, this Convention shall enter into force for each State three months after the date of deposit of its instrument of ratification, acceptance or accession.

Article 26

1. Each Contracting State undertakes to take the necessary measures in accordance with its Constitution to ensure the application of this Convention. 2. Each State, at the time of depositing its instrument of ratification, acceptance or accession, should be able, in accordance with its domestic law, to implement the provisions of this Convention.

Article 27

1. Any State may, at the time of ratification, acceptance or accession, or at any other time by notification addressed to the Secretary-General of the United Nations, declare that this Convention applies to all or any of the Territories for whose international affairs it is responsible, provided that these Territories are subject to the Universal Convention on copyright or the International Convention for the Protection of Literary and Artistic Works. This notification takes effect three months after the date of its receipt. 2. The notifications referred to in Article 5, paragraph 3, Article 6, paragraph 2, Article 16, paragraph 2, and Articles 17 and 18 may be extended to all or one of the Territories referred to in paragraph 1 of this Article.

Article 28

1. Any Contracting State may denounce this Convention on its own behalf or on behalf of one or all of the Territories referred to in Article 27.2. Denunciation shall be effected by notification addressed to the Secretary-General of the United Nations and shall take effect twelve months after the date of receipt of the notification. 3. The right of denunciation may not be exercised by a Contracting State before the expiration of five years from the date of entry into force of this Convention in respect of that State. 4. A Contracting State shall cease to be a party to this Convention upon termination of its participation in the Universal Copyright Convention or its membership in the International Union for the Protection of Literary and Artistic Works. 5. This Convention shall cease to apply to any of the Territories referred to in Article 27 upon the termination of the application to that territory of the Universal Copyright Convention or the International Convention for the Protection of Literary and Artistic Works.

Article 29

1. Five years after the entry into force of this Convention, any Contracting State may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference on the revision of the Convention. The Secretary-General shall notify all Contracting States of such request. If, within six months from the date of notification by the Secretary-General of the United Nations, at least half of the Contracting States inform him of their support for this request, the Secretary-General shall inform the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works. which will convene a conference on the revision of this Convention in cooperation with the Intergovernmental Committee, provided for in Article 32.2. The adoption of any revision of this Convention shall require a two-thirds majority vote of the States participating in the Revision Conference, provided that such majority represents two thirds of the States that are parties to the Convention at the date of the Revision Conference. 3. In the event of the adoption of a Convention that amends this Convention in whole or in part, and unless otherwise provided in the revised Convention: (a) this Convention shall cease to be open for ratification, acceptance or accession from the date of entry into force of the revised Convention; (b) this Convention shall remain in force with respect to relations between or with the Contracting Parties. States that have not become parties to the revised Convention.

Article 30

Any dispute between two or more Contracting States concerning the interpretation or application of this Convention that is not settled through negotiation shall, at the request of either party to the dispute, be referred to the International Court of Justice, unless the States concerned agree on another procedure for the settlement of the dispute.

Article 31

Without prejudice to the provisions of Article 5, paragraph 3, Article 6, paragraph 2, Article 16, paragraph 1, and Article 17, no reservations to this Convention shall be permitted.

Article 32

1. An Intergovernmental Committee is established, whose responsibilities include: (a) to study issues related to the application and operation of this Convention; and (b) to collect proposals and prepare documentation for a possible revision of this Convention. 2. The Committee shall consist of representatives of the Contracting States, whose election shall be carried out with due regard to the principle of equitable geographical distribution. The Committee shall consist of six members if the number of Contracting States is twelve or less, nine members if the number of Contracting States is between thirteen and eighteen, and twelve members if the number of Contracting States exceeds eighteen. 3. The Committee shall be established twelve months after the date of entry into force of the Convention by holding elections from among the Contracting States, each of which has one vote, organized by the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works in accordance with rules previously approved by an absolute majority of the Contracting States. 4. The Committee elects a chairman and officers. It shall adopt rules of procedure defining, in particular, the future functions of the Committee and the procedure for updating its composition; these rules should, inter alia, ensure the priority of membership in the Committee of the various Contracting States. 5. The secretariat of the Committee consists of staff from the International Labour Office, the United Nations Educational, Scientific and Cultural Organization and the Bureau of the International Union for the Protection of Literary and Artistic Works, appointed respectively by the two Directors-General and the Director of these three organizations. 6. The meetings of the Committee, convened whenever a majority of its members deem it appropriate, are held alternately at the headquarters of the International Labour Office, the United Nations Educational, Scientific and Cultural Organization and the Bureau of the International Union for the Protection of Literary and Artistic Works. 7. The expenses of the Committee members shall be borne by the respective Governments.

Article 33

1. This Convention has been drawn up in English, French and Spanish, all three texts being fully authentic. 2. The official texts of this Convention shall also be drawn up in German, Italian and Portuguese.

Article 34

1. The Secretary-General of the United Nations shall notify the States invited to participate in the Conference referred to in Article 23, as well as each Member State of the United Nations, the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works.(a) the deposit of instruments of ratification, acceptance or accession; (b) the date of entry into force of this Convention; (c) any notifications, declarations or communications provided for in this Convention; (d) the occurrence of the situations referred to in paragraphs 4 and 5 of Article 28.2. The Secretary-General of the United Nations shall also notify the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works of requests communicated to him in accordance with Article 29, as well as any other communications received from Contracting States in respect of revision of the Convention. In witness whereof, the undersigned, being duly authorized thereto, have signed this Convention. Done at Rome, this twenty-sixth day of October, 1961, in a single copy in the English, French and Spanish languages. Duly certified true copies shall be transmitted by the Secretary-General of the United Nations to all States invited to participate in the Conference referred to in Article 23 and to each Member State of the United Nations, as well as to the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International protection of literary and artistic works.

RCPI's note! The following is the text of the Convention in English, French and Spanish.

President

Republic of Kazakhstan

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