The WIPO Performances and Phonograms Treaty Sample Clauses

The WIPO Performances and Phonograms Treaty. 2. Each Party complies with and shall make all reasonable efforts to ratify or accede to the following agreements:

The WIPO Performances and Phonograms Treaty. The WIPO Performances and Phonograms Treaty is a new treaty, which has a few links to the existing 1961 Rome Convention. In contrast, however, to the approach taken in the WIPO Copyright Treaty (where adherents must apply the substantive articles of the 1971 Paris Act of the Berne Convention), adherents to the Performances-Phonograms Treaty are not required to apply the 1961 Rome Convention, unless they are already members of that convention. Adherents to the Performances-Phonograms Treaty are required to promise that its provisions ''shall in no way affect the protection of copyright in literary and artistic works,'' (Art. 1(2)) nor have any [8] connection with or prejudice any rights and obligations under any other treaties (Art. 1(3)). The Diplomatic Conference also adopted an agreed interpretation with reference to Article 1 concerning the relationship between rights in phonograms under the Treaty and copyright in works embodied in the phonograms. The States agreed that where permission to use a phonogram is needed from both the author of a work embodied therein and a performer or producer, the need to obtain the author's permission does not cease to exist because permission is also required from the performer/producer, and vice-versa. This interpretative understanding merely confirms that copyright rights and related rights are separate and may be held by different rights holders. Where there are different rights holders, permission from one is not sufficient to authorize use of the phonogram. The Performances-Phonograms Treaty creates new rights for performers and producers of sound recordings without specifying the theory of law under which the rights are enjoyed. That is, a country may provide the protection specified in the Treaty under ''related'' or ''neighboring'' rights, under copyright, or a sui generis law. If existing patterns of protection for sound recordings are maintained, the majority of the countries will extend protection through related rights laws. The United States presumably will continue to rely upon copyright law as the primary vehicle for sound recording protection, supplemented by criminal penalties for knowing infringements for purposes of commercial gain. In addition to federal law, the United States may rely in part on state statutory and common law protection to satisfy some treaty obligations.