Copyright Law

20/02/2023

Rome convention for the protection of performers, producers of phonograms and

broadcasting organizations (1961)

It secures protection for:

1. Performances for performers

2. Phonograms for producers of phonograms
3. Broadcasts for broadcasting organizations

Performers: Performances of “Actors, singers, musicians, dancers and those who perform
literary / artistic works.” + protected + against certain acts they have not consented to: Such
as:
1. broadcasting and communicating to the public of a live performance.
2. Fixation of the live performance
3. Reproduction of the fixation if the original fixation was made without the performer’s
consent.
4. Reproduction was made for purposes different from those for which consent was
provided for.

Producers of Phonograms: Right to authorize or prohibit the direct or indirect reproduction of

their phonograms. Phonograms published for commercial purposes give rise to secondary
uses such as broadcasting or communicating to the public in any form.

A single equitable remuneration must be paid by (1) the user to the performers (2) to the
producer of the phonograms (3) or both.

Broadcasting organizations: Right to authorize or prohibit certain acts such as (1)

rebroadcasting of their broadcasts (2) fixation of their broadcasts (3) reproduction of such
fixations (4) communication to the public of their television broadcasts if such
communication is made in places accessible to the public against payment of an entrance
fees.

Additional limitations and exceptions can be made to the said rights in national laws with
regard to (1) private use (2) Use of short excerpts in reporting current events (3) ephemeral
fixation by a broadcasting organization by means of its own facilities and for its own
broadcasts (4) Use solely for teaching / scientific research purposes (4) or any other case
where national laws provide for exceptions to copyright in literary / artistic works.

However, once a performer has consented to the incorporation of a performance in a visual or

audiovisual fixation, he cannot claim for further application of performer’s rights.

Duration of protection: Till the end of 20 years computed from the year in which (1) the
fixation was made for phonograms and for performances incorporated (2) Performance that
took place, those performances not incorporated in phonograms (3) The broadcast took place.
However, national laws provide for 50 years minimum for phonograms and performances.

Administration of Rome Convention – WIPO + ILO + UNESCO – Constitute the Secretariat

of the Intergovernmental Committee set up under the convention of the representatives of 12
contracting states. They consider questions relating to the Convention.

This convention is open to (1) States party to the Berne convention for the Protection of
Literary and Artistic works (1886) or (2) the Universal Copyright Convention. Hence it is a
closed convention.

https://www.wipo.int/treaties/en/ip/rome/summary_rome.html