The WIPO Performances and Phonograms Treaty (or WPPT) is an international treaty adopted in Geneva on 20 December 1996.[1] It came into effect on 20 May 2002. The treaty deals with the rights of two kinds of beneficiaries, particularly in the digital environment: performers (actors, singers, musicians, etc.); and producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds).[2]

As of August 2023, the treaty has 112 contracting parties.[3] The Treaty is open to States members of World Intellectual Property Organization (WIPO) and to the European Community. The treaty is administered by WIPO.

Content

WPPT was adopted with an objective to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible. This treaty would not disturb the existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome, 26 October 1961 (Rome Convention). Articles 18 and 19 of the WPPT[4] provide similar obligations for performers and producers of phonograms to contracting states as provided under Articles 11 and 12 of the WIPO Copyright Treaty (WCT).[5]

The Treaty deals with the rights of two kinds of beneficiaries, particularly in the digital environment: performers (actors, singers, musicians, etc.); and producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds).[6]

As to limitations and exceptions, Article 16 of the WPPT incorporates the so-called "three-step test" to determine limitations and exceptions, as provided for in Article 9(2) of the Berne Convention, extending its application to all rights. The accompanying Agreed Statement provides that such limitations and exceptions, as established in national law in compliance with the Berne Convention, may be extended to the digital environment.[6]

The term of protection must be at least 50 years.

The Treaty also obliges Contracting Parties to provide for legal remedies against the circumvention of technological measures (eg, encryption) and against the removal or altering of information (such as identification of performer). It also obliges Contracting Parties to adopt legal measures to ensure the application of the Treaty.[6]

The Digital Millennium Copyright Act is the United States's implementation of the treaty (see WIPO Copyright and Performances and Phonograms Treaties Implementation Act).[7]

See also

References

  1. ^ "WIPO Performances and Phonograms Treaty (WPPT)". WIPO IP Portal. Retrieved 20 July 2021.
  2. ^ "WIPO Performances and Phonograms Treaty". www.wipo.int. Retrieved 6 June 2024.Creative Commons attribution license Text was copied from this source, which is available under a Creative Commons Attribution 4.0 (CC BY 4.0) license.
  3. ^ "Contracting parties. WIPO Performances and Phonograms Treaty" (PDF). www.wipo.int. 1 August 2023. Retrieved 21 November 2023.
  4. ^ WIPO Performances and Phonograms Treaty (WPPT) - Joint Declarations, vol. 089, 20 December 1996, retrieved 6 June 2024
  5. ^ "WIPO Lex". www.wipo.int. Retrieved 6 June 2024.
  6. ^ a b c "Summary of the WIPO Performances and Phonograms Treaty (WPPT) (1996)". www.wipo.int. Retrieved 6 June 2024. Creative Commons attribution license Text was copied from this source, which is available under a Creative Commons Attribution 4.0 (CC BY 4.0) license.
  7. ^ Nimmer, David (2000). "A Riff on Fair Use in the Digital Millennium Copyright Act". University of Pennsylvania Law Review. 148 (3): 673–742. doi:10.2307/3312825. JSTOR 3312825. SSRN 222370.