The WIPO Performances and Phonograms Treaty (hereinafter referred to as the WIPO Performances and Phonograms Treaty) was concluded on December 20, 1996 at a diplomatic conference hosted by the World Intellectual Property Organization and attended by representatives from more than 120 countries. It is mainly to solve the new copyright protection issues arising from the application of digital technology in the international Internet environment. It is actually a “neighboring rights” treaty.
The treaty involves the intellectual property rights of two types of beneficiaries: one is performers (actors, singers, musicians, etc.); the other is phonogram producers (natural persons or legal persons who propose and are responsible for recording sounds). The reason why the treaty involves both beneficiaries is that most of the rights it grants to performers are related to their recorded, pure sound performances.
(The WIPO Performances and Phonograms Treaty consists of a preamble and 33 articles, with the aim of better protecting the rights of performers and phonogram producers in the digital sphere, especially on the Internet.
Articles 18 and 19 of the WIPO Performances and Phonograms Treaty provide for obligations to protect “technological measures” and “rights management information” consistent with the WIPO Copyright Treaty. Article 5 of the WIPO Performances and Phonograms Treaty provides for “moral rights of performers” similar to Article 6bis of the Berne Convention. The WIPO Performances and Phonograms Treaty also provides for The “right of distribution”, “right of rental” and “limitations and exceptions” consistent with the “Copyright Treaty” can stipulate that performers and phonogram producers should implement “non-voluntary licensing” for the rental right of phonograms. Article 15 of the “WIPO Performances and Phonograms Treaty” stipulates the “broadcasting right” of performers and phonogram producers. If phonograms are used for broadcasting or dissemination to the public, performers and phonogram producers should enjoy the right to obtain a one-time reasonable remuneration, but the contracting parties may reserve this right (not applicable).
my country joined the convention on March 9, 2007, and the convention came into force for my country on June 9, 2007.