The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, referred to as the Phonograms Convention or the Phonograms Convention, was adopted in 1971. The Convention stipulates that each Contracting Party has the obligation to provide protection to producers of phonograms who are nationals of another Contracting Party against duplication without the producer’s consent, against importation of such copies (if such duplication or importation is for the purpose of distribution to the public), and against distribution of such copies to the public.
In the field of international protection of neighboring rights, the Rome Convention is a basic convention, but its protection of the rights of phonogram producers is not strong enough. In particular, with the continuous development of reproduction technology, it is even more necessary to conclude a special convention to protect the rights of phonogram producers. The Phonograms Convention was concluded in this context. The Convention has 13 articles, of which Articles 1 to 7 are substantive clauses and Articles 8 to 13 are administrative clauses.
my country joined the convention on January 5, 1993, and the convention came into force for my country on April 30, 1993.
The Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels Convention or Satellite Convention for short) was signed in 1974. The convention stipulates that each contracting party has the obligation to take appropriate measures to prevent the unauthorized transmission of satellite-transmitted program signals to or from its territory. Unauthorized transmission refers to the act of transmission without the authorization of the organization that determines the content of the program (usually a broadcasting organization). All organizations that are “nationals” of the contracting parties have this obligation.
The convention also allows certain restrictions on protection. Unauthorized persons can broadcast program-carrying signals in the following circumstances: the signal carries a brief summary of current affairs reports; or as a quotation, a brief summary of the program carried by the transmitted signal; or in the case of developing countries, the program carried by the transmitted signal is broadcast only for teaching (including adult education) or scientific research purposes. The Convention does not provide for a term of protection, leaving it to domestic legislation.
However, the provisions of this Convention do not apply to signals sent from direct broadcasting satellites. This Convention does not provide for the establishment of unions, the creation of governing bodies or the establishment of budgets.
This Convention is open to States Members of the United Nations or of any of the organs of the United Nations system of organizations. Instruments of ratification, acceptance or accession must be deposited with the Secretary-General of the United Nations.